State v. J. L. S.

343 P.3d 670, 268 Or. App. 829, 2014 Ore. App. LEXIS 1874
CourtCourt of Appeals of Oregon
DecidedFebruary 4, 2015
Docket118090J; Petition Number 118090; A151136
StatusPublished
Cited by3 cases

This text of 343 P.3d 670 (State v. J. L. S.) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. J. L. S., 343 P.3d 670, 268 Or. App. 829, 2014 Ore. App. LEXIS 1874 (Or. Ct. App. 2015).

Opinion

TOOKEY, J.

Youth, who was 17 years old at the time of the events giving rise to his adjudication, appeals a juvenile court judgment finding him within the jurisdiction of the court for initiating a false report, ORS 162.375.1 For the reasons that follow, we affirm.

One night after midnight, youth’s sister discovered that youth, who did not have permission to leave the house, was not in his bedroom at their house in Depoe Bay. Youth’s sister spoke to youth’s father, and youth’s father called youth.

Youth told his father that he had been kidnapped from the house at gunpoint and driven to Portland, but that he had escaped and had called two friends, who had come to pick him up. Youth’s father met youth and his friends in Salem and drove youth back home. During the drive, youth’s father told youth that they needed to call the police, and youth twice told his father not to do so. After they returned home, youth’s father, who believed that his son had been kidnapped, called the police.

Miller, a detective with the Lincoln County Sheriffs Office, responded to the family’s home in Depoe Bay. She first interviewed youth’s father, who told her that youth had told him that youth had been kidnapped to Portland but had escaped.

Miller then interviewed youth. In the “first version” of his story, youth told Miller that, while he was in his bedroom, he had seen a man standing outside his window. According to youth, the man “was wearing sunglasses, a hoodie, and a scarf over his mouth. He had a gun, and he ordered [youth] to come outside.”

[831]*831Youth told Miller that he climbed out of the window, and the man, who “had him at gunpoint [,]” then walked him to the car, put him in the backseat of a black sedan, and drove him to Portland. Youth said that, while they were driving around in Portland, they stopped at a stoplight, and youth jumped out of the car, ran, “zigzag[ged],” found a 7-Eleven, and called two of his friends, who came to pick him up.

When youth showed Miller his bedroom and the scene outside his bedroom, Miller observed that youth’s story was not consistent with what she found in the bedroom. The bedroom had not been disturbed. The screen was on the window, the lights were out, and the blinds were up. Because things “just did not make sense” to Miller, she told youth that she did not believe him. Youth then “gave [Miller] a new and improved version” of the events on the night in question. “[H]e added that the gunman was speaking Russian with the other man who was driving.” He also added that, “after he ordered him out the window, then the gunman turned and put the screen back in the window.”

Miller repeatedly advised youth that she did not believe him and gave him “lots of opportunities to tell the truth, because the evidence was just not fitting the story.” She also advised him that, if he persisted with his story, she was going to have to call out the Major Crime Team. Specifically, Miller told youth that the police were going to have to go to Portland and that “[t]here was going to be a lot of investigation, because if he was kidnapped, it was very serious.” In other words, she told youth that, “if someone’s out there who’s going to kidnap people and hurt people [,]” then the police “needed to get on it” because it was a “serious matter.” She also explained that it was a “financial burden” — i.e., that it involved a significant expense — to call out the members of the Major Crime Team on a weekend. She also specifically warned youth that, if his story was determined to be false, he could get a citation for initiating a false report.

When, despite those warnings, youth “stuck to * * * his version” of events, Miller “activated the Major Crime Team.” Several members of the Major Crime Team responded, [832]*832and they met at the Depoe Bay Fire Hall. “ [P] art of [the] Major Crime Team is State Police from Springfield!,]” and two detectives came from Springfield, Oregon, to assist. In the meantime, Miller interviewed youth’s friends, who had picked him up in Portland. Another deputy, who assisted Miller, photographed youth’s bedroom. He also photographed the outside of the bedroom window and the yard and seized the screen to fingerprint it. Miller, who had obtained youth’s consent to search two cell phones, assigned a sergeant and a detective to search those phones.

While searching the phones, the police discovered text messages between youth and his friends “about a plan to *** meet and sneak out.” For example, in one message, youth texted, “I’m going to * * * Portland tonight. Wish me all the luck you can.” In another message, youth texted, “KK, tell me when you’re off so I know the fifteen-minute mark.”

The police then returned to the house and told youth what they had found. When confronted with that evidence, youth was initially “defiant,” but, after speaking to his parents, he admitted that he had not told the truth — that is, “he admitted that he wasn’t kidnapped.”

The Lincoln County Juvenile Department subsequently filed an amended petition to find youth within the jurisdiction of the court for violating ORS 162.375 by “unlawfully and knowingly initiating] a false report, which was transmitted to a law enforcement agency, to-wit: Lincoln County Major Crime Team.” At an adjudicatory hearing, youth moved to dismiss the case on the ground that the state failed to provide sufficient evidence to establish that he had violated ORS 162.375 under a proper construction of the statute. Youth argued that he “did not do anything unlawful” because he merely lied to his father about a kidnapping and there was no evidence that he knew that his father was going to call the police. Youth also argued that he did not violate ORS 162.375 when he lied to Miller, on the ground that false statements made to a police officer in the context of an investigation “do not constitute a violation of the law.” To support his latter argument, youth relied upon State v. McCrorey, 216 Or App 301, 172 P3d 271 (2007), which we discuss below.

[833]*833The state responded that there was sufficient evidence for the court to find that youth violated ORS 162.375. The state argued that there were “two pivotal points” in this case — the point at which youth’s father called the police and the point at which Miller activated the Major Crime Team. As to the first pivotal point, the state argued that youth knowingly initiated a false alarm or report when he told his father that he had been kidnapped, because youth had to have known that his father was going to call the police. As to the second pivotal point, the state argued that youth’s conduct was

“not merely just lying to officers in the course of an investigation. It is, ‘If you persist with this story, I’m going to have to report this to the Major Crime Team. I’m going to have to report this to a further law enforcement agency.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Velasquez
400 P.3d 1018 (Court of Appeals of Oregon, 2017)
State v. Branch
381 P.3d 1082 (Jackson County Circuit Court, Oregon, 2016)
State v. Kawamoto
359 P.3d 305 (Court of Appeals of Oregon, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
343 P.3d 670, 268 Or. App. 829, 2014 Ore. App. LEXIS 1874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-j-l-s-orctapp-2015.