State v. Jones
241 Or. App. 597
Or. Ct. App.2011Background
- At about 4:30 a.m., Officer Berne stopped a car for a questionable stop and approach Sandy Boulevard; three occupants included the driver, a front-seat passenger, and defendant in the back seat.
- The driver lacked a valid license; the car was towed and Berne asked Jensen to start bringing people out of the car.
- Jensen first had the driver step out, then asked defendant to step out; Jensen asked defendant if he had drugs or weapons and, after a denial, sought consent to search.
- Defendant placed a dollar bill and a white opaque object (later identified as cocaine) on the car’s trunk, then assumed a “standard search position”; a second rock was found in his pocket.
- About five minutes elapsed from the moment Berne told defendant he was free to leave to Jensen’s interaction; after arrest, Miranda warnings were given and defendant admitted cocaine use earlier; four rocks were found in the car during tow inventory search.
- Defendant moved to suppress all rocks and his statements as the fruit of an unlawful seizure; the trial court found no seizure and that consent was voluntary, and entered a conviction for possession of cocaine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant was seized when Jensen asked to search after defendant stepped out | Jones contends the questions and request to search were a seizure under Article I, §9. | Jones argues Ashbaugh forecloses a seizure under these circumstances. | Not a seizure; consent not tainted by unlawful seizure. |
| Whether the search consent was voluntary despite the stop | Jones argues coercive conditions negate voluntariness. | Jones argues the circumstances pressured him into consenting. | Consent to search was voluntary under Ashbaugh. |
Key Cases Cited
- State v. Ashbaugh, 349 Or. 297 (Or. 2010) ( seizure test and voluntariness after related stop; control by totality of circumstances)
- United States v. Drayton, 536 U.S. 194 (U.S. 2002) (requests for questioning do not violate Fourth Amendment absent show of authority)
- State v. Rodgers/Kirkeby, 347 Or. 610 (Or. 2010) (show of authority analysis in seizure determinations)