OR: Defendant’s negotiating conditions of consent showed it voluntary

Defendant consented to search after negotiating with officers to sit without handcuffs, smoke, put away his dogs, and not have the officers ransack his house. He invoked his right to counsel, too, but that did not make the consent invalid. State v. Hatfield, 246 Ore. App. 736, 268 P.3d 654 (2011):

After defendant requested an attorney, McCarley again explained to him that, if he did not consent to a search of his residence, the officers would apply for a search warrant. Defendant “thought for a moment” and asked McCarley whether, if he gave consent, he would be permitted to sit on his couch with his handcuffs removed, put away his dogs, and smoke a cigarette; he also asked whether the officers would “tear apart his house.” McCarley agreed to defendant’s requests and told him that the officers would not ransack the house. Defendant consented to a search of his residence under those conditions.

The officer had probable cause to search the car and the containers inside it, including defendant’s backpack, after seeing in plain view a marijuana pipe in the car and noting defendant’s nervous behavior with his backpack when the officer began searching the car. State v. Smith, 152 Idaho 115, 266 P.3d 1220 (App. 2011).*