Oregon Supreme Court
State of Oregon, Petitioner on Review v. Michael K. Rodgers, Respondent on Review; State of Oregon, Petitioner On…
February 11, 2010347 Or. 610
Summary
The court held that police unlawfully extended each defendant’s traffic stop by pursuing unrelated questioning and consent searches after the traffic-related investigation was complete, without reasonable suspicion of criminal activity. Although the defendants’ consent may have been voluntary, the consent was obtained during the unlawful seizures and was not sufficiently attenuated from that illegality, requiring suppression of the drug evidence. Justice Gillette concurred based on stare decisis, while Justice Durham, joined by Justice Linder, would have admitted the evidence because the voluntary consents purged the taint of the unlawful detentions.