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OR: Questions seeking consent before paperwork returned were without reasonable suspicion

By John Wesley Hall, Jr.

Officer directed defendant out of the car before the ticket was written, and he asked the defendant if he had anything on him that he shouldn’t have. Defendant believed he was seized at that time of the questioning which was without reasonable suspicion, and the motion to suppress should have been granted. State v. Smith, 2010 Ore. App. LEXIS 664 (June 23, 2010).* Search of defendant’s car was reasonable when there was the smell of burnt marijuana coming from the car when it was stopped. Commonwealth v. Garden, 451 Mass. 43, 883 NE 2d 905 (2008), which only involved the smell of burnt marijuana on clothes as not justifying a search of the car is distinguished. Commonwealth v. Degray, 2010 Mass. App. LEXIS 834 (June 25, 2010).* Defendant was stopped for being involved in a possible theft offense...continue to full post

Full post as published by Fourth Amendment on June 28, 2010 (boomark / email).