Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Radio call to check driver's license is a stop

By John Wesley Hall, Jr.

Making radio call to a check driver's license is a stop. The fact defendant was on probation and would have to have endured the stop was not the point because it was a fruit of the poisonous tree and not independent of the stop. State v. Tyler, 2008 Ore. App. LEXIS 158 (February 13, 2008): On appeal, the state concedes that, when the officer asked defendant for his identification and contacted the dispatch operator, a stop occurred, and that, because the officer did not have reasonable suspicion that defendant had engaged in (or was about to engage in) unlawful activity, the stop violated defendant's right to be free from unreasonable search and seizure under Article I, section 9, of the Oregon Constitution. We agree and accept that concession...continue to full post

Full post as published by Fourth Amendment on February 15, 2008 (boomark / email).