Judge Rejects Third Of Three Prosecution Arguments

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OREGON CITY, Ore. (AP) A judge on Wednesday rejected the third and final argument prosecutors had made to justify a warrantless search that turned up a bag of marijuana last February at the home of Portland Trail Blazers guard Damon Stoudamire.

Clackamas County Circuit Judge John Lowe said in a written opinion that he could find "no precedent in this state for upholding such a search of a private residence."

Lowe on Tuesday rejected the two strongest arguments prosecutors made for the search, ruling there was no legal justification without a warrant and that Stoudamire had not given consent for police to enter his suburban Lake Oswego home after two neighbors reported his front door was ajar and a burglar alarm was beeping inside an hour after Stoudamire left for a game.

Police found the bag of marijuana behind an attic door while searching the house for intruders.

Deputy District Attorney Steve Griffin argued the city of Lake Oswego had the authority to set an administrative policy allowing police to conduct routine searches of unoccupied houses after an alarm is activated but Lowe rejected that reasoning.

"Such an expansion of the administrative search authority would substantially diminish every person's right to privacy in their own home, and seriously erode the constitutional warrant requirement," Lowe said.

Stoudamire's attorney, Stephen Houze, had argued that any broad policy on a search without a warrant could apply only to public places, such as courthouses or airports, not private homes.

Neither Griffin nor Houze were immediately available for comment.

Stoudamire has not talked publicly about the case, and the Trail Blazers have referred all comment to Stoudamire and his attorney.

Wednesday's ruling granted Stoudamire's request to suppress the marijuana as evidence, effectively ending the prosecution case.

The district attorney, however, could appeal the ruling.

Stoudamire had agreed to plead guilty to a misdemeanor charge in May but a similar search in an unrelated marijuana case was ruled unconstitutional by the Oregon Court of Appeals and his plea was withdrawn. A grand jury indicted Stoudamire on a more serious felony drug possession charge and he pleaded innocent.

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