{"id":4729,"date":"2014-03-29T08:43:30","date_gmt":"2010-10-03T05:59:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-10-03T05:59:20","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4729","title":{"rendered":"OR: Defendant’s suppression hearing cross-exam showed he believed he was free to leave"},"content":{"rendered":"

Defendant\u2019s cross examination during the suppression hearing produced his testimony that he felt \u201c100%\u201d free to leave when the officer handed all the paperwork back to him, started to walk away, turned around and came back and started talking again. Defendant consented to a search of the car. Defendant conceded from the beginning that the stop was lawful. State v. Salvador<\/a>, 237 Ore. App. 424, 241 P.3d 324 (2010). This is reminiscent of Kentucky v. Rawlings<\/a> where the defendant admitted he had no reasonable expectation of privacy in the drugs he stuck in a woman’s purse. No matter how much one prepares a client for a suppression hearing, clients will often hang themselves on standing or the merits of the search. Here, it was necessary to put the client on to at least raise a fact question that he did not feel free to leave, and then he gave the wrong answer.<\/p>\n

Defendant did not preserve the claim that an adversary proceeding is a prerequisite to surgical removal of a bullet from his arm. The warrant here was otherwise valid. State v. Everett<\/a>, 237 Ore. App. 556, 240 P.3d 102 (2010).<\/p>\n

The vehicle occupants\u2019 false answers extended the stop, not the officer, so the extension of the stop and the \u201cexit order\u201d were with reasonable suspicion. Commonwealth v. Elysee<\/a>, 77 Mass. App. Ct. 833, 934 N.E.2d 837, 92 A.L.R.6th 687 (2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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