State v. Jordan

“The test for voluntariness is whether, under the totality of the circumstances, the consent was given by an act of a defendant’s free will as opposed to resulting from express or implied coercion.” State v. Jepson, 254 Or App 290, 294, 292 P3d 660 (2012).

Defendant appealed a conviction for possession of methamphetamine and failure to appear in court. Defendant argued that evidence should be suppressed because the circumstances surrounding his interaction with the arresting officer did not amount to a consensual search. The facts in this case included Defendant not voluntarily cooperating with the officer, interrupting, and stating that the officer was violating Defendant’s rights. Additionally, Defendant argued that the State failed to establish that Defendant intended to consent under State v. Blair. The State argued that Defendant gave non-verbal consent. The Court stated that the exception to a search was consent. “The test for voluntariness is whether, under the totality of the circumstances, the consent was given by an act of a defendant’s free will as opposed to resulting from express or implied coercion.” State v. Jepson, 254 Or App 290, 294, 292 P3d 660 (2012). The Court concluded that the State failed to meet its burden that Defendant’s consent was free and voluntary. The Court suppressed the evidence found as a result of the unlawful search. Remanded for resentencing; otherwise affirmed.