Attached is a San Francisco court’s 20 page judgment overturning the Portland conviction of an African American male for possession of a weapon, based on his unreasonable search and seizure, and, it seems, his race. If you have twenty minutes to spare, and any interest in how the constitution impacts search and seizures, and the circuit court’s interpretation of the constitution, it makes interesting reading. If not, don’t worry about it. Well, I’d worry about it, but don’t, you know, worry about it. If you know what I mean.

Although [the defendant] voluntarily consented to the search of his person, we conclude that the encounter then escalated into an impermissible seizure. And even though [the defendant] thereafter consented to the search of his car, during which the firearm was discovered, we conclude, contrary to the district court, that [the defendant]’s consent was not voluntary. Alternatively, the search of [the defendant]’s car and the firearm discovered therein were “fruits of the poisonous tree” that followed in an immediate unbroken chain from his illegal seizure.

Recent relations between police and the African American community in Portland are also pertinent to our analysis.