State v. Reid

The issue in this criminal case is whether a warrant authorizing police officers to search “persons present” at a Springfield address met the requirements relating to search warrants established in ORS 133.565(2)(b). We hold that it did not.

In November 1990, police officers obtained a warrant authorizing the search of the Springfield residence of David and Rita Vale. After describing the house itself in some detail, the warrant stated that the police

“are therefore hereby commanded to search the above described premise, its curtilage, vehicles, and persons present.” (Emphasis added.)

Defendant…