Wrongly Convicted Database Record
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Charge: |
Firearm related (including ammunition) |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
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Year Convicted: |
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Year Cleared: |
2014 |
U.S. State or Country of Crime: |
Oregon |
County or Region of Crime: |
Multnomah |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Diego Armando Rodriguez-Perez was wrongly convicted in Multnomah County, Oregon of unlawful possession of a firearm and carrying a concealed weapon. His conviction was based on discovery of a pistol when he was searched by police officers who thought he was acting suspicious when they stopped him while he and another Hispanic man were walking on the sidewalk. Rodriguez-Perez appealed the Circuit Court judge's denial of his motion to suppress the evidence of the search as unconstitutional because the officer's had no reasonable suspicion he was a threat to the officer's safety. On April 9, 2014 the Oregon Court of Appeals unanimously reversed Rodriguez-Perez' convictions in ruling the trial judge abused his discretion in denying the motion to suppress because the search of him was unconstitutional because there was no objective reason for the officers to believe he was a threat to them. The appeals court reversed Rodriguez-Perez's convictions and remanded his case back to the trial court, where it would certainly be dismissed because without the pistol there was no evidence Rodriguez-Perez committed his accused crimes." |
Conviction Caused By: |
Illegal search of Rodriguez-Perez by the police. |
Innocence Proved By: |
"On April 9, 2014 the Oregon Court of Appeals unanimously reversed Rodriguez-Perez' convictions in ruling the trial judge abused his discretion in denying the motion to suppress because the search of him was illegal because there was no objective reason for the officers to believe he was a threat to them." |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
Hispanic |
Information Source 1: |
"State v. Rodriguez-Perez, 262 Or App ___, No. A149058 (Ore. Ct. of Appeals, 4-9-14)" |
Information Location 1: |
http://www.publications.ojd.state.or.us/docs/A149058.pdf |
Information Source 2: |
"Firearm conviction overturned as appeals court rules frisk was unreasonable, AP Story, The Oregonian (Portland, OR), April 9, 2014" |
Information Location 2: |
http://www.oregonlive.com/portland/index.ssf/2014/04/firearm_conviction_overturned.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org