STATE v. NIMS

C100552CR; A146162.

274 P.3d 235 (2012)

248 Or. App. 708

STATE of Oregon, Plaintiff-Appellant, v. Willa Day NIMS, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 14, 2012.


Attorney(s) appearing for the Case

Joanna Jenkins , Assistant Attorney General, argued the cause for appellant. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Shawn E. Wiley , Chief Deputy Defender, argued the cause for respondent. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.


DUNCAN, J.

The state appeals the trial court's order granting defendant's motion to suppress evidence obtained after defendant consented to a search of her car during a lawful traffic stop. The state argues that the trial court erred in concluding that defendant's consent was the product of an unlawful extension of the traffic stop. We agree and, therefore, reverse and remand.

The relevant facts are not disputed. As found by the trial court in its letter opinion...

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