In State v. Peterson, decided November 6, 2013, the Oregon Court of Appeals reversed and remanded the trial court’s decision. The defendant was convicted on one count of delivery of heroin constituting a commercial drug offense, and one count of possession of heroin.
The defendant claimed that the trial court erroneously denied his motion to suppress the evidence obtained from a search of his person and the statements that he made after an unlawfully extended traffic stop.
The Court of Appeals ruled that the arresting officer’s request to search defendant’s car and the unlawful extension of defendant’s detention started a chain of events that led directly to defendant’s arrest and discovery of the evidence. Therefore their decision was to reverse and remand.
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