{"id":4363,"date":"2011-01-11T11:26:21","date_gmt":"2010-06-28T12:43:34","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-06-28T12:43:34","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4363","title":{"rendered":"OR: Direction to get out of car under circumstances was a seizure"},"content":{"rendered":"<p>Defendant was stopped for a traffic infraction, and the officer determined that he had no valid DL. After deciding that he would ticket defendant and tow the vehicle he told defendant to get out of the vehicle and asked if he had any contraband on him. Defendant admitted that he did. The trial court found that he was not free to leave but that the question was valid. \u201cThere is no bright-line rule as to whether an officer&#8217;s request that a person step out of a vehicle in the context of a traffic stop constitutes a seizure for purposes of Article I, section 9. Such a request is merely one of the factors that is part of the totality of the circumstances that must be evaluated.\u201d Here, the totality shows that it was a seizure, and it should have been suppressed. <a href=\"http:\/\/www.publications.ojd.state.or.us\/A138276.htm\">State v. Smith<\/a>, 236 Ore. App. 5, 237 P.3d 853 (2010).*<\/p>\n<p>The third party consenter had apparent authority to consent to the search of defendant\u2019s house. She referred to it to the police as \u201cmy house.\u201d <a href=\"http:\/\/scholar.google.com\/scholar_case?case=15354777432474595853&amp;q=Georgia%2Bv.%2BRandolph&amp;hl=en&amp;as_sdt=1002\">Randolph<\/a> does not stand for the proposition that the defendant cannot be removed from the premises to defeat consent. United States v. Shrader, 2010 U.S. Dist. LEXIS 62565 (S.D. W.Va. June 23, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4363\">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-4363","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4363","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=4363"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4363\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4363"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4363"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4363"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}