State v. Robinson

“Under Article I, section 9, ‘an extension of a traffic stop to conduct a criminal investigation must be justified by reasonable suspicion of criminal activity.’ ” State v. Arivett, 309 Or App 480, 485, ___ P3d ___ (2021).

Defendant entered a conditional guilty plea for unlawful delivery of oxycodone and appealed. Defendant assigned error to the trial court’s admittance of evidence stemming from the prolonged traffic stop and search of car as they denied his motion to suppress. Defendant argued that the prolonged length of the stop was unconstitutional due to a lack of “reasonable suspicion to question [him] about marijuana trafficking." The State contended that there was enough evidence to establish reasonable suspicion. This evidence included time the defendant took to stop, lack of identification able to be presented, it was a “rental car without rental paperwork,” and the an overwhelming smell of marijuana. “Under Article I, section 9, ‘an extension of a traffic stop to conduct a criminal investigation must be justified by reasonable suspicion of criminal activity.’” State v. Arivett, 309 Or App 480, 485, ___ P3d ___ (2021). The Court held that the officer did have reasonable suspicion of trafficking of drugs. The evidence that supports reasonable suspicion is the same facts the State relied upon in their argument. In agreeing with the State, the Court found that the search took place before Defendant’s arrest, and the search proper due to the existence of probable cause as well as the automobile exceptions requirements being met. Affirmed.