A warrant check is a detention

The time during a warrant check is a detention. “[W]hen Anderson ordered the warrant check, the encounter evolved into a restraint on defendant’s liberty. In other words, the encounter evolved into a stop. Given the state’s concession–with which we agree–that Anderson lacked reasonable suspicion to stop defendant at that point, the stop was unlawful.” State v. Rider, 216 Ore. App. 308, 172 P.3d 274 (2007).

Consent was a product of unlawful entry, and it was too close on its heels to be attenuated. State v. Washburn, 216 Ore. App. 261, 173 P.3d 156 (2007)*:

In this case, the evidence as described above clearly establishes that the deputies sought consent “solely as a result of the knowledge of inculpatory evidence” obtained in the first entry. Further, the time between the two searches was short, five minutes at most; no intervening circumstances occurred; and no mitigating circumstances occurred. Additionally, the deputies “traded on,” or exploited, the discoveries made during the first search in order to obtain Buchholtz’s consent. They referred to both the unattended child and the condition of the room immediately before asking him if they could enter in order to further discuss the situation.

In sum, the first entry was an unlawful search. But for that search, the deputies would not have sought consent for a reentry. The state has not shown that the second entry would (or could) have occurred based on independently obtained information, nor that the connection between the unlawful search and the subsequent consent was attenuated. Defendant’s motion to suppress should have been granted.

Defense counsel was not ineffective for not challenging the search of defendant’s motorcycle because it was based on probable cause. Alternatively, it was a valid inventory for forfeiture. Commonwealth v. West, 2007 PA Super 349, 937 A.2d 516 (Pa. Super. 2007).*