{"id":8824,"date":"2013-08-10T09:34:15","date_gmt":"2013-06-02T02:00:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-06-01T22:03:14","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8824","title":{"rendered":"OR: Saint Jesus Malverde medal on mirror is not reasonable suspicion alone; warning of right to refuse consent made it admissible here"},"content":{"rendered":"<p>Saint Jesus Malverde medal, the patron saint of drug dealers, hanging from the mirror of a car is not reasonable suspicion alone. There was no reasonable suspicion on the totality. Defendant was, however, told of his right to refuse consent before consenting and that broke the causal chain. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A144513.pdf\">State v. Meza-Garcia<\/a>, 256 Ore. App. 798, 303 P.3d 975 (2013):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>Under those circumstances, the fact that defendant was informed of his right to refuse consent mitigates the effect of the unlawful police conduct on his decision to do so. Accordingly, the state proved that defendant&#8217;s consent was sufficiently attenuated from the unlawful police conduct such that the evidence was admissible under Article I, section 9. See State v. Hinds, 225 Or App 470, 475, 202 P3d 187, rev den, 347 Or 43 (2009) (concluding that the defendant&#8217;s consent was sufficiently attenuated from any unlawful police conduct where, &#8220;although the temporal proximity was close, [the officer] told [the] defendant that he did not have to consent to a patdown&#8211;precisely the sort of mitigating circumstance that the Supreme Court identified in Hall&#8221;). In sum, the stop of defendant was not supported by reasonable suspicion and was therefore unlawful. However, because defendant&#8217;s consent to search was sufficiently attenuated from the unlawful police conduct, the evidence was admissible. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=8824\">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-8824","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8824","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=8824"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8824\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8824"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8824"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8824"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}