Legal Opinion

State v. Alvarez

Court of Appeals of Oregon

Decided March 31, 2010No. 061534, 061892 A137300 (Control), A137301PublishedCited by 5 opinions

1Opinion of the CourtSchuman, P. J.

Defendant appeals his conviction for possession of a controlled substance, assigning error to the trial court’s denial of his motion to suppress evidence obtained after he consented to a search of his vehicle. Specifically, he argues that, although the evidence was discovered after he consented to the search, his consent was obtained either during the unlawful extension of what began as a lawful stop or, if the lawful stop had ended, during a subsequent stop that was not lawful. We agree and reverse and remand.

The following facts are not in dispute on appeal. Oregon State Police Trooper Boyd,…

2Cases cited5 opinions

  1. State v. HallOregon Supreme Court · 2005
  2. State v. HolmesOregon Supreme Court · 1991
  3. State v. RodgersOregon Supreme Court · 2010
  4. State v. ToevsOregon Supreme Court · 1998
  5. State v. EhretCourt of Appeals of Oregon · 2002

3Cited by5 opinions

  1. SANCHEZ-MARTINEZ v. PeopleSupreme Court of Colorado · 2011
  2. People v. WeeksColorado Court of Appeals · 2015
  3. State v. PetersonCourt of Appeals of Oregon · 2013
  4. State v. MarinoCourt of Appeals of Oregon · 2013
  5. State v. DeneenCourt of Appeals of Oregon · 2010

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