STATE v. FRIAS

06FE0541SF, A133906.

210 P.3d 914 (2009)

229 Or. App. 60

STATE of Oregon, Plaintiff-Respondent, v. John FRIAS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 10, 2009.


Attorney(s) appearing for the Case

Joshua B. Crowther, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, 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 EDMONDS, Presiding Judge, and SERCOMBE, Judge, and CARSON, Senior Judge.


SERCOMBE, J.

Defendant appeals from a judgment of conviction for unlawful possession of methamphetamine. ORS 475.894. He assigns error to the denial of his motion to suppress evidence. For the reasons stated below, we conclude that the trial court erred in failing to suppress evidence obtained as a result of a traffic stop that was extended without reasonable suspicion of criminal activity. We reverse and remand.

We state the facts consistently with the trial...

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