Oregon v. Branch

This case presented a narrow question regarding the meaning of ORS 162.375(1), which defined the crime of “initiating a false report.” Defendant Robert Branch was convicted of that crime based on evidence that, in response to questions from sheriff’s deputies about a report that defendant left the scene of a traffic collision without exchanging the required driver information, defendant falsely claimed that he left the scene because the other driver had pointed a gun at him. Defendant argued on appeal of his conviction to the Oregon Supreme Court that a person does not “initiat[e] a false report” within the meaning of ORS 162.375(1), if the person lies in response to police questioning “about a report someone else initiated” and, thus, that the evidence was insufficient to permit his conviction under that statute. Although the Supreme Court agreed the legislature did not intend the statute to apply when a person merely responds to police questioning with false information regarding the circumstances of the same crime or emergency situation about which the person is being questioned, defendant’s proposed rule swept too broadly. The Supreme Court concluded the legislature intended the phrase “initiates a false alarm or report” to reach, at a minimum, the conduct of a person who, during questioning about one crime or emergency situation, falsely alleges new circumstances to which the law enforcement agency is reasonably likely to respond as a separate crime on an emergency basis. View "Oregon v. Branch" on Justia Law