Oregon Supreme Court
State v. Thompson
October 13, 2022370 Or. 273
Summary
The court held that police unlawfully retained defendant’s cell phone for five days without obtaining a warrant because the claimed exigency had dissipated and the delay was not reasonably necessary. Defendant adequately preserved his challenge to interview statements derived from the unlawful retention, and those statements should have been suppressed. The court nevertheless affirmed because admitting them was harmless in light of the cumulative and independently supported evidence.