{"id":17734,"date":"2015-06-20T08:01:52","date_gmt":"2015-06-20T13:01:52","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=17734"},"modified":"2015-06-20T08:04:21","modified_gmt":"2015-06-20T13:04:21","slug":"or-encounter-at-sea-to-look-at-fish-tags-was-not-by-consent","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=17734","title":{"rendered":"OR: Encounter at sea to look at fish tags was not by consent"},"content":{"rendered":"

Defendants were fishing 28 miles off Oregon for halibut in a fishing zone. One of them pulled up and released a yellow-eye rockfish which is a deep water fish that will die if released in shallow water, and that\u2019s what happened, but that\u2019s not a crime. State troopers in uniform in an unmarked boat with blue lights were watching and approached and asked to see their halibut tags which are required to be kept. At that point, the stop was not consensual. \u201cReduced to essentials, Canfield’s words told defendant, \u2018get out your tag; we are going to inspect it.\u2019 That is not a request for information or cooperation; it is a command. When an officer’s statement would be understood as “a command affirmatively communicating * * * that compliance [is] not optional,\u2019 it constitutes a show of authority that effects a seizure. Backstrand, 354 Or. at 408.\u201d State v. Paskar<\/a>, 271 Ore. App. 826, 2015 Ore. App. LEXIS 745 (June 17, 2015), related cases State v. Anton<\/a>, 271 Ore. App. 860 (June 17, 2015); State v. Ene<\/a>, 271 Ore. App. 858 (June 17, 2015).<\/p>\n

Defendant was stopped for an expired tag. The officer ran his name and saw he was on probation for drugs but didn\u2019t tell defendant that he knew for what, and he told defendant to tell his PO about the stop. After saying defendant was free to go, he asked defendant if he could look in the car. Defendant had to know, or at least reasonably suspect, that the officer knew it was for drugs because the defendant certainly knew. The look was by voluntary consent. State v. Lamoreux<\/a>, 271 Ore. App. 757, 2015 Ore. App. LEXIS 743 (June 17, 2015).*<\/p>\n

Defendant consented to a warrantless breath test. State v. Lopez-Lopez<\/a>, 271 Ore. App. 817, 2015 Ore. App. LEXIS 769 (June 17, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendants were fishing 28 miles off Oregon for halibut in a fishing zone. One of them pulled up and released a yellow-eye rockfish which is a deep water fish that will die if released in shallow water, and that\u2019s what … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24],"tags":[],"class_list":["post-17734","post","type-post","status-publish","format-standard","hentry","category-consent"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17734","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=17734"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17734\/revisions"}],"predecessor-version":[{"id":17737,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17734\/revisions\/17737"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17734"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17734"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17734"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}