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OR: Detention during a protective sweep was appropriate, but continuing it was not; consent thereafter invalid

By John Wesley Hall, Jr.

Detention of the defendant, lawful during a protective sweep, ostensibly for officer safety, unjustifiably continued thereafter, and defendant's consent during that unlawful detention was invalid. State v. Hitchcock, 2008 Ore. App. LEXIS 1707 (November 19, 2008): Applying those principles here, the detention of Winters continued after the protective sweep and Henson's arrest and after dissipation of concerns for officer safety. The police continued the questioning of the occupants and asked them for identification. Hitchcock remained handcuffed. Winters was asked if the interrogation could continue in her bedroom. She was not expressly or implicitly advised that she was free to go or that she could refuse to answer any questions. The continued questioning of Winters, both in the living room and in her bedroom, prolonged her detention...continue to full post

Full post as published by Fourth Amendment on November 26, 2008 (boomark / email).