OREGON SUPREME COURT TO HEAR ARGUMENTS IN EUGENE

ON CONSTITUTIONALITY OF SEARCH, SEIZURE CASE

February 27, 2001

Contact Scott Barkhurst (541) 346-1163 or John R. Crosiar 346-3135



Editor’s note:

Media must observe Canon 3A(8) of the Oregon Code of Judicial Conduct for the Court of Appeals and Supreme Court. In brief:

Pooling photo coverage is required because only one still photographer and one video camera and technician are permitted in the courtroom. Media personnel in the courtroom must dress in a manner consistent with the attire required of attorneys appearing before the court.

Broadcast media representatives may not move about the court during proceedings. Recording equipment must be positioned before the session opens and must not be moved during proceedings.

[A copy of the complete text of Canon 3A(8) can be obtained from Connie Tapp, assistant director of development, UO School of Law, Eugene, OR 97403, or call
(541) 346-3800.]

EUGENE–A criminal case involving the constitutionality of the search and seizure of property belonging to a defendant who was convicted on a drug charge is on the docket for the Oregon Supreme Court when it visits the University of Oregon School of Law on Tuesday, March 6.

The visit is an annual feature of the UO School of Law’s legal research and writing program. The case will be heard at 10:30 a.m. The court will convene in Room 175 of the Knight Law Center, 1515 Agate St.

The visit is open to the public, giving local community members a rare opportunity to see the state’s highest court in action. Law students, who are required to attend the session as part of the first-year curriculum, will be given seating priority, after which public seating will be available.

"Attending a session of the Oregon Supreme Court provides a wonderful opportunity for law students and community members to see the court in action," says Rennard Strickland, dean of the UO School of Law. "Hosting the justices is a great honor for the school and is an event that we eagerly anticipate."

The high court will hear oral arguments on the following case and will render a decision within the next year:

 

• 10:30 a.m. State v. Cook is a 1997 case in which Jeffrey Dale Cook was convicted of unlawful possession of a controlled substance on the strength of evidence found in a duffel bag. At the time of the search the defendant first denied the bag was his, then said that it was his property. The arresting officers found the bag contained a syringe, a kitchen knife and two silver spoons–one containing a white powder later determined to be a controlled substance. Attorneys for the defendant moved to suppress the evidence on the grounds that the search, which was made in the absence of a warrant, violated Cook’s right to privacy. The trial court admitted the evidence and the Court of Appeals affirmed the decision. At issue is whether the officers’ search of the bag violated Article I, Section 9, of the Oregon Constitution.

A hearing before the state Supreme Court involves lawyers from both sides of the case who present arguments on the law to the justices. Members of the court frequently interject questions to help clarify the legal issues.

The public should arrive at least five minutes early and leave the courtroom only after the case. After the session, the justices will respond to questions from the audience–except questions involving cases they are hearing.

The justices also will be guests at a noon luncheon meeting of the Lane County Bar Association.

For additional information on the court’s UO visit, contact Matt Roberts, assistant dean for external relations, at (541) 346-2125, or the Office of the Dean, UO School of Law, at (541) 346-3836.

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