CJA210

CJA210

State v. Blair Question 8 (2 points) When analyzing the voluntariness of consent searches under Oregon law, courts must examine: circumstances showing the defendant's actual understanding and intent the officer's subjective intent when asking for consent under the circumstances circumstances that would lead a reasonable officer to believe the defendant gave apparent consent circumstances showing the defendant's apparent understanding and intent are irrelevant to determining voluntariness Question 9 (2 points) In State v. Blair, the defendant's response to a request to search his backpack was: "Yes, but don't open any of the packages inside" "Yeah, no problem. Go ahead." "Okay for today because I don't think I have drugs" "Of course officer, but please be careful of the sharp knife inside". Question 10 (2 points) The Oregon Supreme Court sent the case back to the trial court to determine whether: defendant knew his right to refuse a consent search defendant was on drugs when he consented to a police search police exploited the consent in light of the totality of circumstances defendant actually intended to consent to the search of closed containers inside his back-pack