State v. Lay
252 P.3d 850
Or. Ct. App.2011Background
- Post-arrest appeal from a possession of methamphetamine conviction; defendant challenged suppression of his statements as stemming from an unlawful stop; stop occurred during police contact at night after a burned-out license plate light was noticed; driver and defendant were in a Tigard police stop of the van; officer Powers obtained defendant's license, ran warrant check, then returned licenses and stated thanks before driver was asked to exit; Officer Lain subsequently questioned defendant and seized a dagger from his jacket; driver consented to a vehicle search, leading to discovery of methamphetamine in a bag; defendant claimed the drugs were his but were found in the driver’s bag; defendant sought suppression of statements under Article I, section 9 of the Oregon Constitution; court held the stop unlawful but attenuated the causal link to the statements to avoid suppression.
- IssuesState whether the stop occurred, whether reasonable suspicion supported the stop, and whether attenuation doctrines render the statements admissible despite an unlawful stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was defendant lawfully stopped? | State contends the license check and detention ended after license return. | Lay was seized from the moment Powers took the license. | Stop occurred and continued; unlawful at onset. |
| Was there reasonable suspicion to justify the stop? | Powell had suspicion based on the driver’s admission of drug use and context. | No objective basis for suspicion against Lay at the initial contact. | No reasonable suspicion at the time of the stop. |
| Do attenuating factors sever the taint so that statements are admissible? | Lawful intervening conduct broke the causal chain. | Unlawful stop taints statements; no attenuation. | Statements attenuated; suppression not required. |
Key Cases Cited
- State v. Ayles, 348 Or. 622 (2010) (lawful ongoing seizure and consent search connection to evidence)
- State v. Hall, 339 Or. 7 (2005) (reasonable suspicion necessary for stop; burden on state to justify stop)
- State v. Nguyen, 176 Or.App. 258 (2001) (defining reasonable suspicion under totality of circumstances)
- State v. Thompkin, 341 Or. 368 (2006) (passenger seizure and identification handling in vehicle stop)
- State v. Rider, 216 Or.App. 308 (2007) (nonfatal attenuation factors at stop)