OR: Consent sought during “unavoidable lull” in a stop and did not extend it

Asking for consent while waiting for return of information from dispatch was during an “unavoidable lull” in a stop and did not extend it. State v. Hampton, 247 Ore. App. 147, 268 P.3d 711 (2011)*:

Asking for consent to search the car did not extend the stop because it occurred during an unavoidable lull in the traffic stop while defendant was looking for his registration. See State v. Jones, 239 Or App 201, 208, 245 P3d 148 (2010), rev den, 350 Or 230 (2011) (holding that, because the defendant’s consent to search occurred during an unavoidable lull in an ongoing traffic stop, the request for consent to search did not delay the stop).

The evidence supports the trial court’s conclusion and findings that the air freshener hanging from defendant’s mirror was a “material obstruction” to the driver’s view. “‘In making its decision on the motion, the trial court’s focus is not on “whether an offense was actually committed but whether an arresting officer reasonably suspected at the time of the stop that criminal activity was taking place or about to take place.”’” People v. Price, 2011 IL App (4th) 110272, 962 N.E.2d 1035 (December 12, 2011).*