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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
State v. Arreola-Botello
Citation:
365 Or. 695, 451 P.3d 939 (2019)Facts
Officer Faulkner of the Beaverton Police Department observed defendant’s vehicle change lanes and turn without signaling, providing probable cause for a traffic stop. Faulkner activated his overhead lights and defendant pulled over. Upon approaching the vehicle, Faulkner requested defendant’s driver’s license, registration, and proof of insurance. Defendant immediately produced his license but spent approximately three to four minutes searching for his registration and proof of insurance. During this search period, Faulkner questioned defendant, who primarily speaks Spanish and had difficulty understanding English. A passenger initially helped interpret but left after being told she was free to go. Faulkner asked defendant about the presence of weapons, drugs, or other illegal items in the vehicle and requested consent to search. Defendant responded “Sure, okay” and consented. During the search, Faulkner located a small package on the floor between the driver’s seat and door, which he believed contained methamphetamine based on its packaging and appearance. Faulkner arrested defendant, who was subsequently charged with possession of methamphetamine under ORS 475.894.
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