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STATE v. KIRKEBY

CR030112, A128263.

185 P.3d 510 (2008)

220 Or. App. 177

STATE of Oregon, Plaintiff-Appellant, Cross-Respondent, v. Anthony Douglas KIRKEBY, Defendant-Respondent, Cross-Appellant.

Court of Appeals of Oregon.

Decided May 21, 2008.

Attorney(s) appearing for the Case

Robert M. Atkinson, Assistant Attorney General, argued the cause for appellant-cross-respondent. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Shawn Wiley, Senior Deputy Public Defender, argued the cause for respondent-cross-appellant. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ARMSTRONG, J.

In this criminal action, the state appeals the trial court's pretrial order suppressing drug evidence obtained during a consensual search of defendant's person during a traffic stop. ORS 138.060(1)(c). The issue presented to us is whether the police officer's request for consent to search defendant constituted an unlawful extension of the traffic stop in violation of Article I, section 9, of the Oregon Constitution.1 Defendant...

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