State v. Wiener

In this criminal case, the state appeals the trial court’s order granting defendant’s motion to suppress evidence obtained during a traffic stop of a truck in which defendant was a passenger. An officer requested and received the driver’s consent to search the truck and, when he asked defendant to step out of the truck so it could be searched, saw methamphetamine where defendant had been sitting. The trial court suppressed the evidence resulting from the officer’s request for consent to search the truck, on the ground that the request violated Article I, section 9, of the Oregon Constitution1…