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State v. Kirkeby

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eBook details

  • Title: State v. Kirkeby
  • Author : South Carolina Supreme Court
  • Release Date : January 21, 2008
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

In this criminal action, the state appeals the trial courts pretrial order suppressing drug evidence obtained during a consensual search of defendants person during a traffic stop. ORS 138.060(1)(c). The issue presented to us is whether the police officers 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. Defendant cross-appeals the courts pretrial ruling that denied his motion to exclude evidence of a field test of drugs that were discovered as a result of the search. We affirm on appeal, State v. Rodgers, 219 Or App 366, ___ P3d ___ (2008), and dismiss the cross-appeal as moot.


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