{"id":2379,"date":"2008-12-24T08:53:53","date_gmt":"2008-08-18T08:09:15","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-08-18T08:09:15","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2379","title":{"rendered":"OR: Stalling decision to give a ticket to keep conversation going unlawfully extended the stop"},"content":{"rendered":"<p>Officer stalled his decision whether to give the defendant a traffic ticket and instead kept the conversation going to find whether he could find more. <a href=\"http:\/\/www.publications.ojd.state.or.us\/A128177.htm\">State v. Broughton<\/a>, 221 Ore. App. 580, 193 P.3d 978 (2008):<\/p>\n<blockquote><p>The officer had all the information he needed to cite defendant for the malfunctioning brake light. Instead of issuing the citation or informing defendant that she was free to leave, the officer delayed by doing neither while he contemplated whether or not to issue the citation. That delay was not an &#8220;unavoidable lull in the investigation&#8221; as we described in <em>Rodgers<\/em>. Rather, the officer engaged defendant in a conversation unrelated to the traffic stop that was not supported by reasonable suspicion of other criminal activity and that had the &#8220;effect of detaining defendant beyond a completed traffic stop[,]&#8221; resulting in an unlawful extension of what initially was a lawful traffic stop. See <em>Amaya<\/em>, 176 Ore. App. at 43-44 (citing <em>Toevs<\/em>, 327 Ore. at 537). To allow an officer to elicit potentially incriminating information from a motorist while that officer considers whether to issue a citation allows an officer to extend a stop for too long. <\/p><\/blockquote>\n<p>Officer&#8217;s inability to articulate exactly what he was arresting the defendant for did not make stop invalid when it was otherwise with probable cause. <a href=\"http:\/\/www.publications.ojd.state.or.us\/S054940.htm\">State v. Miller<\/a>, 191 P.3d 651 (Ore. 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2379\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2379","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2379","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2379"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2379\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2379"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2379"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2379"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}