State v. Hittle

The state appeals a trial court order suppressing evidence. We reverse.

On November 12,1995, an officer stopped defendant for a traffic infraction. The trial court found that, after the traffic stop ended, the officer told defendant that he was free to go. The officer then asked defendant for permission to search his car for weapons, large sums of cash, or controlled substances. Defendant consented. The officer found the evidence in issue during the ensuing search.

Before trial, the court granted defendant’s motion to suppress on the ground that the officer violated ORS 810.410 by making the…