State v. Kentopp

Defendant appeals a judgment of conviction for unlawful possession of methamphetamine, ORS 475.894, arguing that the trial court erred in denying his motion to suppress evidence obtained during an unlawful extension of a lawful traffic stop. Reviewing the denial of the motion to suppress for legal error and deferring to the trial court’s findings of historical fact if there is evidence to support them, State v. Ehly, 317 Or 66, 75, 854 P2d 421 (1993), we conclude that the evidence should have been suppressed, and, accordingly, we reverse and remand.

While he was sitting in his patrol car in…