Circuit Court Judge Michael Marcus' decision came in response to motions filed by 16 defense lawyers who say their clients were illegally investigated by the Portland Police Bureau's Marijuana Task Force. Nonetheless, he agreed that in order to properly represent their clients, the lawyers are entitled to see the evidence they seek to challenge. Defense lawyers were pleased with the decision. But it's not time to light a celebratory joint yet. The city, which is fighting the release of the documents, was given a March 29 deadline to decide what to do.
City officials have four options, none of which is any guarantee of victory for the defense.
First, the city can appeal the ruling directly to the state Supreme Court. Second, it can comply with the order and release the documents. But even if the defense lawyers can prove the trap and trace was illegal, the law doesn't necessarily require that the illegally seized evidence be thrown out. Third, the city can concede, for argument's sake, that the trap and trace was illegal. Again, the defense lawyers would still have to convince a judge that their clients' cases should be thrown out.