The son of a local defense attorney and a former juvenile court judge, whose case was moved to Josephine County in 2008, will not face charges due to "significant legal search and seizure issues ..."
12:13 pm — The son of a former juvenile court judge and a defense attorney will not face charges in a 2008 drug and weapons case.
The case against Andrew Robert "Drew" Orf is not prosecutable because of search and seizure violations that occurred during handling of the case, the Oregon Department of Justice has determined.
Ashland police arrested Orf in a church parking lot just after 2 a.m. on Aug. 24 and cited him on charges of possession of marijuana within 1,000 feet of a school and carrying concealed brass knuckles. Orf's car was impounded and police later found methamphetamine, cocaine, hashish, crushed Xanax and additional marijuana in the vehicle, they say.
Jackson County District Attorney Mark Huddleston referred Orf's case to Josephine County because the accused's mother, Rebecca Orf, was seated as a Jackson County Circuit Court judge at that time.
Josephine County prosecutors thought there were "significant legal search and seizure issues with the case and asked the (DOJ) to review," said Huddleston.
The evidence obtained during the investigation likely would be suppressed, and the state would not have sufficient evidence to proceed on the charges, Michael J. Slauson, a senior assistant attorney general, wrote in a four-page letter dated Jan. 23.
"For that reason, we recommend that those charges be dismissed. Moreover, because the search warrant lacks probable cause to justify the search of Orf's car, we do not believe that there is any admissible evidence that would warrant prosecution for additional drug crimes," Slauson wrote.