State v. Lay
242 Or. App. 38
Or. Ct. App.2011Background
- At about 2:00 a.m., Powers stops a minivan for a burned-out license plate light, questioning the driver and observing both the driver and defendant appear jittery.
- Powers takes defendant's and the driver's licenses, runs a quick warrant/detention check, and returns the licenses within moments without indicating the results to the occupants.
- Powers asks the driver to step out; another officer, Lain, arrives and suspects defendant of methamphetamine involvement based on appearance and prior information.
- Lain asks defendant to step out; defendant discloses a knife, which Lain takes, and defendant previously asserts he had been arrested for a felony.
- A search of the vehicle, with driver’s consent, reveals a bag containing methamphetamine; the drugs are placed on the van hood where defendant spontaneously claims the drugs are his.
- Defendant moves to suppress his statements arguing they were the product of an unlawful stop; the trial court denies suppression and defendant appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant was unlawfully stopped. | Lay | Lay | Yes, unlawful stop. |
| Whether the stop was supported by reasonable suspicion at the time. | Lay | Lay | No reasonable suspicion; stop unlawful. |
| Whether the statements were sufficiently attenuated to be admitted despite the unlawful stop. | Lay | Lay | Yes; attenuation sufficient; statements admitted. |
Key Cases Cited
- State v. Vasquez-Villagomez, 346 Or. 12 (Or. 2009) (expounds attenuation and stop precedents)
- State v. Ayles, 348 Or. 622 (Or. 2010) (illegal seizure can be connected to consent to search)
- State v. Hall, 339 Or. 7 (Or. 2005) (reasonable suspicion standard for stops)
- State v. Highley, 219 Or. App. 100 (Or. App. 2008) (continuation of seizure post-identification return)
- State v. Nguyen, 176 Or. App. 258 (Or. App. 2001) (definition of reasonable suspicion)