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OR: Telling defendant he was free not to consent during illegal stop made consent valid

By John Wesley Hall, Jr.

Search warrant for evidence of forgery permitted a search of defendant's closet which revealed drugs. State v. Hawkins, 2009 Ore. App. LEXIS 41 (January 21, 2009).* Consent to search for weapons did not include consent to open a tinfoil packet in his pocket because it could not possibly contain a weapon. State v. Quale, 2009 Ore. App. LEXIS 57 (January 28, 2009).* While defendant's stop was illegal, defendant was told that he did not have to consent to a search and the officer told him he was not telling him that he could not put his hands in his pocket in the cold mitigated it all, and it made the ensuing consent valid. State v. Hinds, 2009 Ore. App. LEXIS 56 (January 28, 2009).*

Full post as published by Fourth Amendment on January 28, 2009 (boomark / email).