A Book from the Library of Defense

Oregon Supreme Court, November 15, 2019

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by: Rankin Johnson IV • November 17, 2019 • no comments

Summarized by Rankin Johnson, OCDLA

SEARCH AND SEIZURE — Scope of stop

Police officers cannot ask questions about unrelated matters during ordinary traffic stop without an independent constitutional justification. Reversed and remanded.

The court explained that Article I, section 9 includes a subject-matter limitation, in addition to a temporal one.

Garrett, dissenting, would have held that only a temporal limitation was included in Article I, section 9.

State v. Arreola-Botello 365 Or 695 (November 15, 2019) (Nelson, Garrett dissenting) (Washington County, Bailey)