State v. Tucker

Defendant was found guilty of burglary and theft. He appealed, contending that his motion to suppress evidence should have been granted. The Court of Appeals affirmed. 34 Or App 203, 578 P2d 803 (1978). We granted review in this case to consider the permissible scope of police activity in connection with traffic violations. Defendant has contended that a stop for a traffic violation was a subterfuge or pretext used by a police officer to create an opportunity for investigation of his suspicion of other crimes.

In this case we are concerned with two problems. The first is whether a police…