STATE v. RODGERS

CM0420629, A128857.

182 P.3d 209 (2008)

219 Or. App. 366

STATE of Oregon, Plaintiff-Respondent, v. Michael K. RODGERS, Defendant-Appellant.

Court of Appeals of Oregon.

April 16, 2008.


Attorney(s) appearing for the Case

Ryan T. O'Conner argued the cause for appellant. On the brief were Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Jamesa J. Drake, Deputy Public Defender, Office of Public Defense Services.

Susan G. Howe, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and WOLLHEIM, Judge, and SCHUMAN, Judge.


SCHUMAN, J.

Defendant appeals his conviction for manufacture of a controlled substance, assigning error to the trial court's denial of his motion to suppress evidence obtained after he consented to a search of his vehicle. In particular, he argues that, although the evidence was discovered after he consented to the search, his consent was unlawfully obtained because it occurred during the unlawful extension of what began as a lawful stop. We reverse and remand.

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