General Partnership in Oregon

Posted by Matthew L. Jarvis | Oct 13, 2021 | 0 Comments

A partnership is two or more persons who operate as joint owners of a business and may form even if the parties do not intend to operate as a partnership. Oregon's laws determine the circumstances in which a partnership may exist. Circumstances may include contributing assets, sharing losses, or ...

When can police stop me?

Posted by Neil P. Halttunen | Oct 07, 2021 | 0 Comments

ORS 131.605 to ORS 131.625 are Oregon's stop-and-frisk statutes addressing criminal investigation stops. They were enacted in 1973 after the United States Supreme Court's decision in Terry v. Ohio. When they were originally enacted, they were intended to be in part a codification of decisions by ...

Oregon Sole Proprietorship

Posted by Matthew L. Jarvis | Oct 04, 2021 | 0 Comments

In Oregon, a sole proprietorship is the simplest form of business organization. It allows an owner to avoid many of the organization and operating costs of other forms of businesses, as there is no legal separation between the business and owner. Forming a sole proprietorship does not involve the complexity necessary for other business organizations and is as simple as dedicating a share of the owner's assets to the business operations ...

When do Police have to read you your Rights?

Posted by Neil P. Halttunen | Sep 29, 2021 | 1 Comment

In Oregon, the right to the assistance of counsel during custodial interrogation is founded in the right against self-incrimination as guaranteed in Article I, section 12, of the Oregon Constitution, and the Fifth Amendment to the United States Constitution. To guard the constitutionally guarante...

Are your hospitals records private in Oregon?

Posted by Neil P. Halttunen | Sep 22, 2021 | 0 Comments

Under ORS 676.260 if you are in a car crash, and the hospital that treats you finds alcohol, cannabis, or another controlled substance in your blood that hospital is required to notify law enforcement even if you are not drunk or high. This statute is susceptible to a challenge because it allows ...

Odor of marijuana no longer provides Probable Cause

Posted by Neil P. Halttunen | Sep 20, 2021 | 0 Comments

For decades, police officers have used motor vehicle stops and searches, which relied on officers saying they could smell marijuana, as part of their drug interdiction efforts. Because marijuana was illegal, the smell of it gave officers the probable cause they needed to justify the search. But now that marijuana is legal in 16 states and Washington, D.C., and medical marijuana is legal in 36 states plus D.C., the odor of marijuana no longer provides ironclad probable cause, because smoking it in those states is not necessarily criminal.

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