Legal Opinion
State v. Selness
Court of Appeals of Oregon
Decided June 24, 1998No. C 95-02-31042 and C 95-02-31043 CA A89706 (Control) and CA A89707PublishedCited by 4 opinions
1Opinion of the CourtDe Muniz, P. J.
The state appeals from a pretrial order dismissing criminal charges of possession, manufacture and delivery of marijuana, ORS 475.992, on double jeopardy grounds, based on the prior civil forfeiture of defendants’ home. We reverse.
On November 9, 1994, Portland police officers obtained a warrant to search the residence at 6044 S.E. Rhone in Portland. The residence belonged to defendant Selness and his domestic partner, defendant Miller. The officers’ search of the residence revealed a marijuana-growing operation. On December 8, the City of Portland filed a complaint in rem to forfeit the…
2Cases cited21 opinions
- United States v. ScottSupreme Court of the United States · 1978
- Serfass v. United StatesSupreme Court of the United States · 1975
- United States v. UrserySupreme Court of the United States · 1996
- Brown v. Multnomah County District CourtOregon Supreme Court · 1977
- United States v. Renato TorresCourt of Appeals for the Seventh Circuit · 1994
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3Cited by4 opinions
- State v. SelnessOregon Supreme Court · 2002
- State v. GarnerCourt of Appeals of Oregon · 2010
- State v. NunezNew Mexico Supreme Court · 1999
- State v. NunezNew Mexico Supreme Court · 1999