State v. Tippetts - 180 Or. App. 350, 43 P.3d 455 (2002)

Rule:

A person commits the crime of supplying contraband if the person knowingly introduces any contraband into a correctional facility, youth correction facility or state hospital. Or. Rev. Stat. § 162.185(1)(a).

Facts:

Farrell Tippetts was arrested and taken to jail. The booking officer searched Tippetts and found a small bag of marijuana in his pants pocket. Based on the marijuana found by the booking officer, the State charged Tippetts with supplying contraband. There was no evidence in the record that Tippetts was promised immunity from criminal liability if he admitted to possessing controlled substances. Tippetts  appealed his conviction for supplying contraband. He argued that the trial court should have granted his motion for a judgment of acquittal because he did not voluntarily introduce marijuana into the Washington County Jail.

Issue:

Was the judgment of conviction against Tippetts for supplying contraband proper?

Answer:

No

Conclusion:

The appellate court found that: (1) the contraband was introduced into the jail only because the police took Tippetts and the contraband there against his will, and on these facts Tippetts could not be said to have chosen to introduce the marijuana into the jail; (2) the legislature intended the term "voluntary act" to require some evidence that Tippetts had the ability to choose to take a particular action; and (3) no reasonable juror could find that the introduction of contraband into the jail was a reasonably foreseeable consequence of possessing it.