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OR: Show of authority after ticket should have been written made stop unreasonable

By John Wesley Hall, Jr.

Defendant should have been cited and released, but the officer kept asking questions, and that unreasonably extended the stop. State v. Rodgers, 2010 Ore. LEXIS 61 (February 11, 2010): Based on the totality of the circumstances, we conclude that the deputy's show of authority that accompanied his request that defendant consent to a patdown and subsequent request that defendant consent to an examination of the contents of defendant's pockets occurred after the point that defendant should have been issued a citation or sent on his way. Because the deputy's further detention of defendant was a significant limitation on defendant's freedom of movement and was not justified by reasonable suspicion of criminal activity, defendant Kirkeby was unlawfully seized in violation of Article I, section 9...continue to full post

Full post as published by Fourth Amendment on February 15, 2010 (boomark / email).