STATE v. ALVAREZ

061534, 061892; A137300 (Control), A137301.

228 P.3d 683 (2010)

234 Or. App. 544

STATE of Oregon, Plaintiff-Respondent, v. Daniel Lebaron ALVAREZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 31, 2010.


Attorney(s) appearing for the Case

Marc D. Brown, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Anna Marie Joyce, Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Greg Rios, Assistant Attorney General.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.


SCHUMAN, P.J.

Defendant appeals his conviction for possession 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. Specifically, he argues that, although the evidence was discovered after he consented to the search, his consent was obtained either during the unlawful extension of what began as a lawful stop or, if the lawful stop had ended, during a subsequent...

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