State v. Aguilar

The majority holds, for the first time, that State v. Porter, 312 Or 112, 817 P2d 1306 (1991), and ORS 810.410(3)(b) do not restrict the authority of a police officer, during a traffic stop, to request consent to search the vehicle. The officer’s request was not reasonably related to any investigative purpose related to the stop, and it was not prompted by any circumstance arising before or during the stop that gave the officer a basis to make the request. The majority holds that an inquiry into the officer’s authority to make the request is unnecessary, because defendant voluntarily…