{"id":3497,"date":"2010-01-16T06:58:18","date_gmt":"2009-11-01T10:50:47","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-11-01T10:50:47","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3497","title":{"rendered":"OR: Repeated requests for consent of a passenger made it a seizure"},"content":{"rendered":"

Defendant was a passenger in a car that drove by a house where a search warrant for meth was being executed. Repeated requests for consent to search her purse conveyed that she was not free to leave. State v. Billings<\/a>, 231 Ore. App. 404, 220 P.3d 65 (2009):<\/p>\n

The result in this case is governed by our holding in Anderson, in which we held that the defendant could have reasonably believed that his liberty had been significantly restrained when he was asked for his identification. Id. If anything, the circumstances in this case are more restrictive than those presented in Anderson. Defendant was not only asked for her identification, she was subjected to repeated requests for her consent to allow the trooper to search her purse while the officer reiterated his suspicions regarding her being in the company of a known user of controlled substances and their appearance at a known drug house that was being searched. See, e.g., State v. Toevs, 327 Ore. 525, 536-37, 964 P2d 1007 (1998) (holding that continuing requests for consent to search, among other factors, constituted conduct that was significantly beyond that accepted in ordinary social intercourse). We conclude, therefore, that defendant’s belief that the officer unlawfully interfered with her liberty of movement in obtaining her consent to the search of her purse was a reasonable one, if defendant in fact held a subjective belief that she was not free to leave.\n<\/p><\/blockquote>\n

Defendant\u2019s husband was stopped by the police and called her. She arrived at the scene and she was effectively and unreasonably \u201cstopped\u201d by the police by questions about her own meth use. State v. Pewonka<\/a>, 321 Ore. App. 558, 219 P.3d 606 (2009).*<\/p>\n

Defendant\u2019s post-conviction IAC claim that she did not understand English and could not have consented was belied by the fact she had been in the U.S. 16 years and had a driver\u2019s license 7 years and her trial testimony. Ayoub v. United States, 2009 U.S. Dist. LEXIS 100567 (E.D. Mich. October 29, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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