{"id":7423,"date":"2012-10-04T10:05:34","date_gmt":"2012-07-14T08:40:48","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-07-14T08:40:48","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7423","title":{"rendered":"OR: Asking for consent to a patdown does not unlawfully extend a stop"},"content":{"rendered":"<p>Asking for consent to a patdown does not unlawfully extend a stop. <a href=\"http:\/\/courts.oregon.gov\/Publications\/A143650.pdf\">State v. Morfin-Estrada<\/a>, 251 Ore. App. 158, 283 P.3d 378 (2012).*<\/p>\n<p>Visiting an apartment suspected of drug activity, staying a short time, accompanied by a suspected drug user, and just being off probation for drugs was not reasonable suspicion. <a href=\"http:\/\/courts.oregon.gov\/Publications\/A143880.pdf\">State v. Bertsch<\/a>, 251 Ore. App. 128, 284 P.3d 502 (2012):<\/p>\n<blockquote><p>Here, the state points to the following facts: (1) defendant was observed visiting an apartment suspected of drug activity; (2) defendant left the apartment after only a short time; and (3) defendant was accompanied by a person who was known to associate with drug users and dealers. At the hearing on defendant&#8217;s motion to suppress, [the officer] testified that he had also relied on the fact that defendant had recently completed probation for a drug offense because, based on his &#8220;training and experience,&#8221; he believed that &#8220;subjects who are just off probation for a controlled substance offense * * * will continue to use controlled substances.&#8221;<\/p>\n<p>Those facts do not give rise to reasonable suspicion that defendant possessed drugs. We have repeatedly said that a person&#8217;s presence in a location associated with drug activity is insufficient to support an objectively reasonable belief that that person is himself or herself engaged in drug activity.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7423\">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-7423","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7423","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=7423"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7423\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7423"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7423"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7423"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}