State v. Helzer
Docket: CC CFH050352; CA A133911; SC S058001
Court: Oregon Supreme Court; April 7, 2011; Oregon; State Supreme Court
Original Court Document: View Document
The Supreme Court of Oregon reviewed the case of State of Oregon v. Kevin Lee Helzer, reversing the Court of Appeals' decision and the circuit court's judgment, remanding the case for further proceedings. The key issue was the challenge to a warrantless search of Helzer's car, specifically the reliability of a drug-detection dog's alert as probable cause for the search. Officer Stokoe legally stopped Helzer's vehicle and arrested him on an outstanding warrant. Although Helzer refused consent for a vehicle search, Stokoe utilized his drug-detection dog, Babe, who alerted to the passenger side and trunk of the car. Following this, Babe indicated two bags in the back seat, which, upon inspection, were found to contain methamphetamine and scales with methamphetamine residue. The court concluded that the state did not sufficiently demonstrate the reliability of the dog's alert to establish probable cause for the search, leading to the reversal of previous decisions and necessitating further proceedings in the circuit court.