335 P.3d 351
Or. Ct. App.2014Background
- Haugen stopped defendant for a traffic infraction (unsignaled lane change) and Obey traffic control device violation.
- Haugen obtained defendant's license, ran a records check which came back clear, and began writing a citation while on scene.
- Corning arrived and Haugen asked Corning to finish the citation; Haugen then spoke with defendant and requested consent to pat down for weapons.
- Haugen conducted a pat-down; no weapons were found, then defendant consented to a search of his car, which revealed two oxycodone pills.
- Defendant moved to suppress the search evidence, arguing the handoff to finish the citation unlawfully extended the stop; the trial court denied the motion.
- Defendant was convicted under former ORS 475.840(3)(b) (2011); appeal followed challenging the stop extension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did finishing the citation with a second officer unlawfully extend the stop? | Dennis controls; any delay via handoff extends stop regardless of duration | Handoff delayed the stop, extending it unlawfully under Article I, section 9 | No; processing was expeditious and not unlawfully extended |
Key Cases Cited
- State v. Ehly, 317 Or 66 (1993) (framework for reviewing suppression rulings and factual support)
- State v. Rodgers, 219 Or App 366 (2008) (unavoidable lull framework for unrelated inquiries during stops)
- State v. Rodgers/Kirkeby, 347 Or 610 (2010) (affirmation of lull framework on extended stops)
- State v. Dennis, 250 Or App 732 (2012) (unrelated inquiry during an unavoidable lull; timing matters)
- State v. Nims, 248 Or App 708 (2012) (two-officer scenario; processing stop concurrently with citation)