Ruling weakens case vs. Stoudamire

Damon Stoudamire attended an evidentiary hearing, which began Monday. AP

OREGON CITY, Ore. (AP) -- A judge rejected two arguments by prosecutors trying to justify a search of the home of Portland Trail Blazers guard Damon Stoudamire in which a large bag of marijuana was found.

According to an indictment returned on May 13, Stoudamire is charged with possessing 150 or more grams of marijuana -- a Class B felony. He pleaded innocent to the charge on May 14.

Judge John Lowe said Tuesday there was no legal justification for the search that turned up marijuana behind an attic access door in Stoudamire's home.

Lowe also ruled there was no express or implied consent to search the home just because Stoudamire had installed an alarm system.

A police officer, responding to a burglar alarm at Stoudamire's home in suburban Lake Oswego on Feb. 23, found the front door ajar. Police searched the home, found no one inside, but discovered the marijuana and confiscated it.

Stoudamire's attorney, Stephen Houze, argued that there was not a single case anywhere in the country that would have allowed such a search. Lowe said he was not going to be the first judge in Oregon to make such a ruling.

Deputy District Attorney Steve Griffin said he was disappointed, but he understood the judge was taking a conservative position.

"We looked everywhere for other cases, there just wasn't anything out there," Griffin said.

The city of Lake Oswego officials will wait for Lowe's written opinion before deciding whether to appeal.

Lowe said he did not know how soon that opinion would be ready.

Stoudamire's father also had been initially charged with possessing marijuana. But prosecutors said that charge has been dropped because of insufficient evidence.

 

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