State v. Knapp, 290 P.3d 816

Defendant convicted of unlawful possession of methamphetamine; probation revocations in two other cases based on meth possession.
Motion to suppress meth evidence in the possession case; defendant claims unlawful detention tainted evidence.
Officer stopped vehicle for nonfunctioning brake lights and unfastened seat belt; Beardall driver and defendant passenger identified.
Defendant, on parole, told officer he was on parole for armed robbery; officer sought consent to search after backup arrival.
Beardall consented to search; meth found near defendant’s seating; defendant arrested; trial court denied suppression.
On appeal, court reverses, concluding unlawful detention due to continuing stop to obtain consent tainted evidence; attenuation not shown; remands.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether unlawful detention invalidates the consent search evidence	Duncan argues unlawful detention occurred when police shifted from citation processing to seeking consent.	Duncan asserts suppression is required because evidence derived from unlawful stop.	Yes; suppression required due to minimal nexus between illegality and discovery.
Whether attenuation/inevitable discovery/independent source doctrines save the evidence	State argues evidence would be inevitably discovered or from independent source.	Duncan contends attenuation cannot be shown.	No; attenuation not proven; evidence remains tainted and must be suppressed.

State v. Hall, 339 Or 7 (2005) (attenuation framework after prior illegality)
State v. Lay, 242 Or App 38 (2011) (attenuation factors: intervening lawful search, unsolicited statements)
State v. Ayles, 348 Or 622 (2010) (ongoing illegality and simultaneous discovery; factual nexus)
State v. Courtney, 242 Or App 321 (2011) (passenger seizure and nexus analysis; Hall application)
State v. Towai, 234 Or App 292 (2010) (driver’s consent and exploitation of illegality; narrow holding)
State v. Presley, 181 Or App 296 (2002) (stop of a driver extends to a passenger's rights)
State v. Ray, 179 Or App 397 (2002) (consent searches and constitutional rights of others)
State v. Makuch/Riesterer, 340 Or 658 (2006) (privacy interests must be personal to defendant)
State v. Jones, 248 Or 428 (1967) (tenuous link concept in Hall framework)
State v. Lantzsch, 244 Or App 330 (2011) (passenger seizure analysis within traffic stop context)
State v. Thompkin, 341 Or 368 (2006) (Hall attenuation applied to other illegality scenarios)