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121108 melange v. wilmot 11/03/2014 a defendant who was charged with possession of a controlled substance with intent to distribute after drugs and drug paraphernalia were found in his presence at a residence that had been rented to him for more than 30 days as a primary residence did not establish an as of right standing to bring a motion to suppress evidence obtained pursuant to a search warrant with respect to the residence after being evicted from that premises. the evidence of possession of the house, which was not a residence where he could have a standing as of right, justified the issuance of a search warrant for the residence. the search warrant did not violate the “present” search warrant requirement of the fourth amendment because the premises and their contents were still in the possession of the owner/lessor. the defendant does not have a property interest in the premises. an order and judgment denying the defendant’s motion to suppress evidence are affirmed.

140112 yousem v. dc 07/15/2012 because the warnings mandated by miranda v. arizona, 384 u.s. 436 (1966), are needed only when there has been a significant measure of compulsion, the mere fact that the accused was detained for an extended period of time after the officer had probable cause to arrest him for an unrelated offense does not make the warnings necessary. to extend miranda protections to the type of voluntary interrogation for which the warnings are not required would subject to scrutiny a multitude of everyday encounters in which citizens discuss topics of mutual interest. “it is undeniable that in order to investigate one crime, the police may have to interview and question a suspect who has committed another unrelated crime, whether the latter be a felony or misdemeanor.. if the police are required to warn a suspect before questioning him about a crime for which he has not been arrested, they will invariably be required to warn suspects about crimes for which they have probable cause to arrest.” united states v. hall, 653 f.2d 1002, 1009-10 (5th cir. 1981), cert. denied, 454 u. 849 (1981). further, with respect to police custody in excess of the permissible time limits set by an extradition statute, courts uniformly hold that the sixth amendment right to a speedy trial does not extend to post-extradition delay. see, e.g., united states v. george, 676 f.2d 189, 190 (7th cir. 1982); united states v. lee, 818 f. supp. 1038, 1040-41 (d. or. 1993); state v. wilson, 816 p.2d 863, 865 (or. ct. app. 1991), aff’d, 851 p.2d 1289 (or. 1993).

121108 melange v. wilmot 11/03/2014 a defendant who was charged with possession of a controlled substance with intent to distribute after drugs and drug paraphernalia were found in his presence at a residence that had been rented to him for more than 30 days as a primary residence did not establish an as of right standing to bring a motion to suppress evidence obtained pursuant to a search warrant with respect to the residence after being evicted from that premises. the evidence of possession of the house, which was not a residence where he could have a standing as of right, justified the issuance of a search warrant for the residence. the search warrant did not violate the “present” search warrant requirement of the fourth amendment because the premises and their contents were still in the possession of the owner/lessor. the defendant does not have a property interest in the premises. an order and judgment denying the defendant’s motion to suppress evidence are affirmed.
140112 yousem v. dc 07/15/2012 because the warnings mandated by miranda v. arizona, 384 u.s. 436 (1966), are needed only when there has been a significant measure of compulsion, the mere fact that the accused was detained for an extended period of time after the officer had probable cause to arrest him for an unrelated offense does not make the warnings necessary. to extend miranda protections to the type of voluntary interrogation for which the warnings are not required would subject to scrutiny a multitude of everyday encounters in which citizens discuss topics of mutual interest. “it is undeniable that in order to investigate one crime, the police may have to interview and question a suspect who has committed another unrelated crime, whether the latter be a felony or misdemeanor.. if the police are required to warn a suspect before questioning him about a crime for which he has not been arrested, they will invariably be required to warn suspects about crimes for which they have probable cause to arrest.” united states v. hall, 653 f.2d 1002, 1009-10 (5th cir. 1981), cert. denied, 454 u. 849 (1981). further, with respect to police custody in excess of the permissible time limits set by an extradition statute, courts uniformly hold that the sixth amendment right to a speedy trial does not extend to post-extradition delay. see, e.g., united states v. george, 676 f.2d 189, 190 (7th cir. 1982); united states v. lee, 818 f. supp. 1038, 1040-41 (d. or. 1993); state v. wilson, 816 p.2d 863, 865 (or. ct. app. 1991), aff’d, 851 p.2d 1289 (or. 1993).
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