State v. Rondeau

"Police conduct that is '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, 227 P3d 695 (2010).

Defendant was convicted of unlawful possession of methamphetamine.  Defendant assigned error to the trial court denial of a motion to suppress evidence obtained during a traffic violation stop.  Defendant argued that, while the original traffic stop was lawful, the officer unlawfully extended the stop when he asked about marijuana possession rather than marijuana use.  The state argued that the officer had reasonable suspicion that defendant possessed a criminal amount of marijuana, thus questions "about consent to search were reasonably related to the DUII investigation."  "Police conduct that is '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, 227 P3d 695 (2010).  The Court held that the trial court erred in denying the defendant's motion to suppress evidence because the request to search defendant was not reasonably related to the DUII investigation and unlawfully extended the stop.  Reversed and remanded.