State v. Fulmer

The majority holds that, because of the Supreme Court's opinion in Atkinson , an officer does not violate Article I, section 9, of the Oregon Constitution when, in the course of impounding a vehicle, the officer fails to ask the driver, who is still present at the scene, whether she would like to remove items from the vehicle. 296 Or. App. at 71, 437 P.3d at 263. I would conclude that officers are constitutionally *266required to make such an inquiry before beginning an inventory. The majority's holding makes it per se unreasonable for an individual, who has been stopped by police and ordered out…