State v. Cowdrey

An officer's conduct during a traffic stop that extends "beyond that reasonably related to the traffic violation, must be justified on some basis other than the traffic violation." State v. Rodgers/Kirkeby, 347 Or 610, 623 (2010).

Defendant appealed from a judgment of conviction on one count of unlawful possession of methamphetamine. Defendant assigned error to the trial court's denial of his motion to suppress evidence obtained during a consent search of his vehicle. On appeal, Defendant proffered three arguments, including the assertion that the consent search "constituted an unlawful extension of the traffic stop under both Article 1, section 9, [of the Oregon Constitution] and the Fourth Amendment [of the United States Constitution].” In response, State argued that “[D]efendant's consent to search his car … permissibly extended the stop at least during the time necessary to complete that search." An officer's conduct during a traffic stop that extends "beyond that reasonably related to the traffic violation, must be justified on some basis other than the traffic violation." State v. Rodgers/Kirkeby, 347 Or 610, 623 (2010). The Court of Appeals declared that “lawfully obtained consent can provide reasonable grounds for extending a traffic stop to conduct the consented-to-search.” The Court further determined that, based on precedent, the consent search did not violate Defendant’s fourth amendment rights. In regard to Defendant’s other two arguments, the Court found one to be unpreserved and the other unpersuasive. Affirmed.