Citizen Review Board reviews July 15, 2023 search; members split on truthfulness, conclude search likely unconstitutional

The Citizen Review Board spent the bulk of its meeting reviewing a July 15, 2023 Eugene Police Department response to a burglary report in which officers located a suspect and a second person in a fenced side yard and later found a bag that contained a firearm.

Rob (case reviewer) told the board the sequence: officers responded about 1:49 a.m., located the suspect and a second person (referred to in reports as a victim) in an enclosed side yard, and recovered a bag the victim claimed as his. The victim denied officers’ requests to search the bag. According to the review, Officer C carried the bag to the marked patrol area, then Officer D set the bag on the ground, used a flashlight and observed a firearm inside. The Lane County District Attorney’s Office later raised concerns about the circumstances of the firearm discovery, prompting an auditor’s review and recommendations.

The auditor’s memo described three allegations against Officer D: (1) truthfulness — allegedly failing to be honest about how the firearm was discovered, including not reporting that he manipulated the bag; (2) an unconstitutional search —…