State v. Kirkeby

In this criminal action, the state appeals the trial court’s pretrial order suppressing drug evidence obtained during a consensual search of defendant’s person during a traffic stop. ORS 138.060(1)(c). The issue presented to us is whether the police officer’s request for consent to search defendant constituted an unlawful extension of the traffic stop in violation of Article I, section 9, of the Oregon Constitution. Defendant cross-appeals the court’s pretrial ruling that denied his motion to exclude evidence of a field test of drugs that were discovered as a result of the search. We affirm…