293 P.3d 1082
Or. Ct. App.2012Background
- Defendant consented to a search that led to the discovery of methamphetamine and to incriminating statements; suppression motion denied; conviction for possession of methamphetamine under ORS 475.894.
- Officers conducted a “knock and talk” at L’s apartment; three plainclothes officers arrived with badges.
- Defendant was asked to step outside, provided ID, and had her name and date of birth written down; no explicit warning or right to refuse was given.
- Monk asked about illegal activity and for consent to search defendant’s purse; defendant opened the purse and allowed search.
- Officer opened the pink coin purse and found methamphetamine; defendant later provided inconsistent explanations about obtaining it.
- On appeal, defendant argues the consent occurred during an unlawful stop; the state argues it was a mere conversation; the trial court denied suppression and the conviction stands, but on appeal the court reverses and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant was lawfully seized. | State argues encounter was not a stop; free to leave. | Defendant says taking ID and questioning amount to seizure. | Seizure occurred; suppression required. |
| Whether consent to search was tainted by an unlawful stop. | Consent occurred during a non-seizure encounter. | Consent derived from unlawful stop tainted search. | Search evidence suppressed; remanded. |
Key Cases Cited
- State v. Holmes, 311 Or 400 (1991) (unlawful seizure without reasonable suspicion; poisonous tree doctrine)
- State v. Ashbaugh, 349 Or 297 (2010) (identification-taking and investigation timing affect seizure analysis)
- State v. Hall, 339 Or 7 (2005) (identification and stopping analysis; warrant checks)
- State v. Painter, 296 Or 422 (1984) (taking ID can effect a stop when it restrains leaving)
- State v. Lay, 242 Or App 38 (2011) (radioed information from ID can indicate ongoing investigation)
- State v. Radtke, 242 Or App 234 (2011) (continued investigatory purposes after being asked for ID)
- State v. Jones, 245 Or App 186 (2011) (asking for driver’s ID alone not a stop)