State v. Kauppi

371 P.3d 1264, 277 Or. App. 485, 2016 WL 1452732, 2016 Ore. App. LEXIS 412
CourtCourt of Appeals of Oregon
DecidedApril 13, 2016
Docket137107; A156511
StatusPublished
Cited by1 cases

This text of 371 P.3d 1264 (State v. Kauppi) 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. Kauppi, 371 P.3d 1264, 277 Or. App. 485, 2016 WL 1452732, 2016 Ore. App. LEXIS 412 (Or. Ct. App. 2016).

Opinion

LAGESEN, J.

Defendant was arrested and then convicted pursuant to a conditional guilty plea of Driving Under the Influence of Intoxicants (DUII), ORS 813.010. When defendant refused to consent to a breath test after he was arrested, the arresting officer obtained a telephonic warrant to take two blood samples from him and then executed that warrant. The warrant did not state defendant’s name correctly, identifying defendant by the wrong first and middle names. The issue on appeal that we write to address is whether the incorrect statement of defendant’s name rendered the warrant in violation of the particularity requirement of the warrant clause of Article I, section 9, of the Oregon Constitution1 and ORS 133.565,2 so as to require the suppression of the blood samples obtained pursuant to that warrant. We conclude, as did the trial court, that the answer to that question is no. We reject defendant’s other five assignments of error without written discussion and, therefore, affirm the judgment of the trial court.

BACKGROUND

The trial court made detailed written factual findings, which defendant has not challenged on appeal. Accordingly, we draw the statement of the facts from the trial court’s findings, which are supported by constitutionally sufficient evidence in the record.

Defendant was initially pulled over by Sergeant Knight for unlawful sound amplification and making an unsignaled turn. Knight later testified that defendant appeared lethargic, had bloodshot, watery eyes, and smelled of alcohol. Knight believed that defendant might have committed the crime of DUII because he appeared to be impaired [487]*487and under the influence of alcohol. Knight then contacted Officer Shimer, who was also working that evening, to investigate whether defendant had been driving while impaired. Shimer asked defendant to perform field sobriety tests, but defendant refused. After conversing with defendant for a few minutes, Shimer believed that he had probable cause to arrest defendant for DUII. Shimer read defendant the Rohrs admonishment,3 and defendant again refused to take the tests. Shimer brought defendant to the police station, where defendant refused to undergo a breath test.

After defendant refused to take a breath test, Shimer decided to apply for a telephonic search warrant to obtain two blood samples, or breath samples, to determine defendant’s blood alcohol content (BAC). Shimer completed an affidavit and called a local circuit court judge to obtain approval for the warrant. After listening to Shimer’s recitation of the facts supporting a probable cause determination, the judge approved the search warrant and authorized Shimer to place the judge’s signature on the search warrant at 11:15 p.m.

When recounting the facts pertinent to the probable cause determination, Shimer initially identified defendant by the correct full name and date of birth. About halfway through the conversation, however, Shimer began mistakenly using an incorrect first and middle name to identify defendant, calling him “Michael James Kauppi,” instead of his correct name, “Kenneth Harold Kauppi.” When Shimer read the warrant—which referred to Michael James Kauppi—Shimer recognized that he had used the incorrect first and middle names for defendant, and he told the judge that he would “need to change” the name reference.

Shimer’s written affidavit in support of the warrant application also used the wrong first and middle names to refer to defendant in some places. Although the affidavit referred to defendant by the correct last name and date of birth, in one place it identified defendant as “Kennith Harold [488]*488Kauppi” and in another place identified him as “Michael James Kauppi.” Finally, as noted, defendant’s last name and date of birth are correct in the search warrant, but defendant’s first and middle names are incorrect.

After obtaining the judge’s approval of the warrant, Shimer went to defendant’s holding cell and read the warrant word-for-word to defendant. Shimer again asked defendant to take a breath test. When defendant refused, Shimer contacted a medical service to conduct the blood draw. The blood test results indicated that defendant had a 0.148 BAC at the time of the blood draw.

Defendant filed multiple motions to suppress before trial, including a motion to suppress evidence of the results of the blood test. Defendant argued that the use of erroneous first and middle names in the warrant rendered the warrant insufficiently particular and, therefore, invalid. The trial court denied defendant’s motions. Defendant conditionally pleaded guilty to one count of DUII, reserving the right to appeal the trial court’s rulings on his motions to suppress.

On appeal, defendant argues that the warrant in this case was not sufficiently particular to satisfy the requirements of Article I, section 9, and ORS 133.565(2)(b). The state responds that the trial court correctly denied defendant’s motion to suppress because an officer could determine, with reasonable effort, the person who was the subject of the search warrant and, therefore, the warrant was sufficiently particular. We review the trial court’s denial of a motion to suppress for legal error and are bound by the trial court’s findings of historical facts that are supported by constitutionally sufficient evidence in the record. State v. Bailey, 356 Or 486, 489, 338 P3d 702 (2014).

The issue on appeal is whether the warrant, notwithstanding the incorrect statement of defendant’s first and middle names, satisfied the particularity requirements of ORS 133.565(2)(b) and the warrant clause of Article I, section 9. Although, as a general matter, we resolve statutory issues before reaching constitutional issues, we have held that, with regard to the particularity requirements of both Article I, section 9, and ORS 133.565(2), the issues merge, [489]*489and our review under both provisions is the same. See State v. Carter, 200 Or App 262, 266, 113 P3d 969 (2005) (so stating); see also State v. Edwards, 149 Or App 702, 707, 945 P2d 553, rev den, 326 Or 234 (1997) (treating the statutory and constitutional particularity requirements as coextensive); State v. Ingram, 313 Or 139, 143, 831 P2d 674 (1992) (construing ORS 133.565(2)(b) to be “at least as restrictive as the constitutional prohibition against general warrants”).

Article I, section 9, requires that a warrant authorizing a search “particularly describ[e] the place to be searched.” Here, the “place” to be searched was defendant, making the question for us whether the warrant sufficiently described defendant so as to comport with Article I, section 9⅛ particularity requirement.

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522 P.3d 876 (Court of Appeals of Oregon, 2022)

Cite This Page — Counsel Stack

Bluebook (online)
371 P.3d 1264, 277 Or. App. 485, 2016 WL 1452732, 2016 Ore. App. LEXIS 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kauppi-orctapp-2016.