State v. Hall

523 P.2d 556, 269 Or. 63, 1974 Ore. LEXIS 362
CourtOregon Supreme Court
DecidedJune 13, 1974
StatusPublished
Cited by8 cases

This text of 523 P.2d 556 (State v. Hall) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hall, 523 P.2d 556, 269 Or. 63, 1974 Ore. LEXIS 362 (Or. 1974).

Opinion

O’CONNELL, C.J.

Petitioner was indicted under ORS 167.207 for possession of more than one avoirdupois ounce of marijuana. Petitioner pleaded not guilty, was tried before a jury and convicted. The Court of Appeals rejected petitioner’s claim that the trial court erred in admitting certain evidence and affirmed the conviction. State v. Hall, 14 Or App 629, 514 P2d 361 (1973). A petition for review was then filed, which we granted.

This prosecution grew out of a drug raid by seven police officers on sL four-bedroom house located in [65]*65Coos Bay, Oregon. The raid was made under the authority of a search warrant. Petitioner, clad only in blue jeans, answered the door when the police knocked, but denied them entrance when he was informed of their identity and purpose. The officers forced their way into the home and discovered eight adults in the living room. The police presented the warrant to Mr. and Mrs. Clyde Spikes, having previously learned that the telephone company had listed the Spikes as residents of the house. Petitioner demanded to see the warrant, stating, “I live here, too.” Petitioner and the others were ordered by the police to sit down. Petitioner sat down on a couch in the living room. His movements were described by one of the officers as follows:

“Q Did you see him do anything as he sat down ?
“A Yes. As I entered the door, there was a small plastic bag that was on the couch; and when Mr. Hall sat down, he sat directly on top of this bag.
“Q And did you see him do anything after he sat on the bag?
“A Well, he just sat down on it.
“Q Did he do anything with it after he sat on it ?
“A I asked him if he would please remove himself from the bag, which he did.
“Q 'Did he do anything with the bag? Did he ever remove it from the couch?
“A Yes. He got off the bag, moved over a little bit, reached down and threw it on the floor.
“Q Did he say anything when he did that?
“A Yes. He asked the question, ‘What is this shit?’
“Q After this bag was thrown on the floor, did you ask him to do anything with it?
“A I asked him if he would put it back on the couch where it was before this, and this he did do.
[66]*66“Q Did you later seize this bag yourself?
“A I did.”

The bag contained 34 grams of marijuana.

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Related

State v. Blasquez
340 Or. App. 441 (Court of Appeals of Oregon, 2025)
State v. Stutte
568 P.3d 247 (Court of Appeals of Oregon, 2025)
State v. Staniford
548 P.3d 855 (Court of Appeals of Oregon, 2024)
State v. Shatalov
326 Or. App. 671 (Court of Appeals of Oregon, 2023)
State v. Ritchie
248 P.3d 405 (Oregon Supreme Court, 2011)
State v. Fries
185 P.3d 453 (Oregon Supreme Court, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
523 P.2d 556, 269 Or. 63, 1974 Ore. LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hall-or-1974.