Oregon Appellate Court - Nov 27, 2013

by: Abassos • November 30, 2013 • no comments

Consent to Search Normally Expires When the Search is Terminated

Consent to search normally expires on the termination of that search. It does not automatically extend to a later search by a different officer. Here, defendant gave consent to search her car during an unavoidable lull. That officer completed his search and handed off the stop to a 2nd officer who completed the citation, and created a new stop without reasonable suspicion, in which he gained consent to search. The first officer's consent did not extend to the 2nd search because the first search was clearly terminated when the 2nd officer took over.