State v. Williams
270 Or. App. 721
Or. Ct. App.2015Background
- After a stipulated facts trial, defendant was convicted of felon in possession of a firearm and unlawful possession of cocaine.
- Defendant moved to suppress evidence, arguing the search warrant lacked probable cause, which the trial court denied.
- Detective Goodwin described a shooting scene with shell casings, bullet holes, and a bullet-damaged bus windshield, and identified a potential shooter and vehicle.
- An eyewitness described a cream-colored Toyota and a group on the sidewalk; defendant allegedly drove Riley to the hospital, and Riley was a shooting victim.
- Goodwin’s affidavit claimed training and experience linking firearms offenses to cars and evidence hidden in vehicles, seeking to search defendant’s Buick.
- The court reversed, holding the affidavit did not establish probable cause to search the Buick.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the warrant affidavit establish probable cause to search the Buick? | State argued sufficient linkage between car and shooting. | Garrett contended facts were too attenuated to show probability. | Probable cause not shown; warrant invalid. |
Key Cases Cited
- State v. Castilleja, 345 Or 255 (2008) (probable-cause standard for warrants; need more than suspicion)
- State v. Tropeano, 238 Or App 16 (2010) (well-warranted suspicion is insufficient for probable cause)
- State v. Castro, 194 Or App 109 (2004) (probability must show more likely than not)
