State v. Taylor

The state appeals from a pretrial suppression order excluding evidence obtained in a search conducted during a traffic stop. We conclude that the search violated ORS 810.410(3) and, therefore, that the trial court correctly suppressed the evidence.

The relevant facts found by the trial court are as follows. State Trooper Klepp was on patrol in Coos Bay when he saw a person driving a car that had a defective headlight, which is a traffic infraction. ORS 811.515; ORS 811.520. He stopped the car for the infraction. As Klepp approached the car, he noticed that defendant, who was in the back seat,…