State v. Raney

168 P.3d 803, 215 Or. App. 341, 2007 Ore. App. LEXIS 1376
CourtCourt of Appeals of Oregon
DecidedOctober 3, 2007
Docket040733733; A128025
StatusPublished
Cited by1 cases

This text of 168 P.3d 803 (State v. Raney) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Raney, 168 P.3d 803, 215 Or. App. 341, 2007 Ore. App. LEXIS 1376 (Or. Ct. App. 2007).

Opinion

WOLLHEIM, J.

Defendant appeals a judgment of conviction for possession of methamphetamine, former ORS 475.992 (2003), renumbered as ORS 475.840 (2005). He assigns error to the trial court’s denial of his motion to suppress evidence obtained during a search of his car, and to the court’s admission of a laboratory report at trial that confirmed that the substance seized from his car was methamphetamine. We reject his claim that the trial court erred in denying his motion to suppress, but choose to exercise our discretion to address his unpreserved claim that the trial court erred in admitting the laboratory report — without requiring the state to produce at trial the criminalist who prepared the report or to demonstrate that the criminalist was unavailable — in violation of his rights under Article I, section 11, of the Oregon Constitution.1 Accordingly, we reverse and remand for a new trial.

This case involves a routine traffic stop during which the officer requested, and obtained, defendant’s consent to search his car. The search uncovered methamphetamine, which was confirmed by a subsequent laboratory report. The laboratory report was admitted at trial without objection from defendant.

We take the facts from the trial court’s thoughtfully articulated findings. Officer Devlin of the Portland Police Bureau stopped defendant after observing him exceed the speed limit and fail to signal 100 feet prior to making a turn. Devlin obtained defendant’s driver’s license and insurance card. He entered defendant’s information into a computer in his patrol car to check the status of defendant’s license. While Devlin was waiting for the computer to retrieve defendant’s information, which, according to Devlin, can “take[ ] a couple minutes,” he walked back to defendant’s car. At that point, Devlin had not decided whether he was going to cite defendant for the traffic violations or merely issue a warning, and it is not clear whether Devlin returned defendant’s driver’s [342]*342license and insurance card at that time. Devlin asked defendant whether he had any illegal drugs, and defendant responded in the negative. He estimated that it took a “couple of seconds” to ask that question and to receive defendant’s answer. Devlin then requested, and obtained, consent to search defendant’s car. During the search, he found a bag under defendant’s seat that contained several syringes and a baggie containing what Devlin believed to be methamphetamine.

Before trial, defendant moved to suppress the evidence obtained from his car on the ground that Devlin unlawfully extended the duration of the traffic stop in violation of his rights under Article I, section 9, of the Oregon Constitution.2 The court denied defendant’s motion. In a subsequent trial on stipulated facts, the court admitted into evidence a laboratory report that confirmed that the baggie seized from defendant’s car contained methamphetamine. Defendant did not object to the admission of the laboratory report, and the trial court convicted defendant of possession of methamphetamine.

We begin with defendant’s first claim, that the trial court erred in denying his motion to suppress. On appeal, defendant renews his argument that Devlin unlawfully extended the duration of the traffic stop by recontacting defendant without reasonable suspicion that defendant had engaged in criminal activity and that Devlin exploited the unlawful stop to obtain defendant’s consent to search his car. The state contends that the traffic stop was not unlawfully extended, “because the officer obtained [defendant’s] consent [to search] while he was waiting for information to come back on defendant’s license status.” We review the trial court’s denial of defendant’s motion to suppress for errors of law, deferring to the trial court’s findings of historical fact when there is evidence in the record to support them. State v. Woodall, 181 Or App 213, 217, 45 P3d 484 (2002). We conclude that the trial court did not err in denying the motion to suppress.

[343]*343We briefly pause our analysis to frame the precise issue before us. It is well established that, under Article I, section 9, questioning during a traffic stop that has the effect of detaining a person beyond the completed traffic stop must be supported by reasonable suspicion that the person is engaged in criminal activity. State v. Toevs, 327 Or 525, 534-35, 964 P2d 1007 (1998); see also State v. Ehret, 184 Or App 1, 7, 55 P3d 512 (2002) (“Under Article I, section 9, the police cannot continue to lawfully detain a defendant after a legal stop has ended without reasonable suspicion that he or she has engaged in some criminal activity.”). Here, we are not presented with a question of whether Devlin had reasonable suspicion to detain defendant beyond a completed traffic stop, because the traffic stop had not ended when Devlin recontacted defendant. At the time he recontacted defendant, Devlin was waiting for the computer to verify the status of defendant’s driver’s license, and he had not decided whether to cite defendant for the traffic violations; thus, the officer was still in the process of investigating the traffic violations. Because the stop was ongoing, the question before us is whether Devlin unlawfully extended the originally lawful stop by recontacting defendant to ask him whether he had any illegal drugs and to request consent to search his car.

An officer can lawfully detain a driver in association with a traffic stop for “the time reasonably required to complete a citation and any other documents that must be given to the citizen in connection with the detention.” State v. Boatman, 185 Or App 27, 34, 57 P3d 918 (2002). However, the extension of a traffic stop beyond the reasonable time to complete the traffic citation that has the effect of detaining the driver must be supported by reasonable suspicion. Ehret, 184 Or App at 8-9.

Determining whether a traffic stop was unlawfully extended is a highly fact-specific inquiry; accordingly, for comparison purposes, we briefly discuss the facts of two cases that addressed the same issue. In Ehret, this court held that the law enforcement officers unlawfully extended a traffic stop by “compelling [the] defendant to get out of the car in the absence of a reasonable suspicion of criminal activity.” 184 Or App at 9. There, the officer stopped the defendant’s car for speeding and obtained the defendant’s driver’s license and [344]*344proof of insurance. Id. at 3. While in his patrol car, the officer verified the status of the defendant’s license and wrote a traffic citation. During that time, a police dispatcher informed the officer that the defendant had past involvement in drug-related offenses. The officer then walked back to the defendant’s car, but did not give him the citation. Instead, the officer asked the defendant to get out of the car and questioned him about his criminal history and whether he had drugs inside his car. Id. at 3-4. Two other officers subsequently arrived on the scene and joined in the questioning. Twenty-one minutes after the initial traffic stop, the officers searched the defendant’s vehicle and seized a substantial amount of controlled substances and $60,000 in cash. Id. at 4-5. The trial court denied the defendant’s motion to suppress the evidence obtained from the search.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Raney
168 P.3d 803 (Court of Appeals of Oregon, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
168 P.3d 803, 215 Or. App. 341, 2007 Ore. App. LEXIS 1376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-raney-orctapp-2007.