{"id":1793,"date":"2008-04-13T16:38:00","date_gmt":"2008-02-15T16:24:59","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-02-15T16:17:38","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1793","title":{"rendered":"Radio call to check driver’s license is a stop"},"content":{"rendered":"

Making radio call to check a driver’s license is a stop. The fact defendant was on probation and would had to endure the stop was not the point because it was a fruit of the poisonous tree and not independent of the stop. State v. Tyler<\/a>, 218 Ore. App. 105, 178 P.3d 282 (2008):<\/p>\n

On appeal, the state concedes that, when the officer asked defendant for his identification and contacted the dispatch operator, a stop occurred, and that, because the officer did not have reasonable suspicion that defendant had engaged in (or was about to engage in) unlawful activity, the stop violated defendant’s right to be free from unreasonable search and seizure under Article I, section 9, of the Oregon Constitution. We agree and accept that concession. See State v. Hall<\/em>, 339 Ore. 7, 19, 115 P.3d 908 (2005) (stop occurs when officer radios dispatch operator). The state argues, however, that any causal connection between that illegality and defendant’s consent is too tenuous to require suppression because defendant consented due to his belief that he was required to do so as a condition of his probation, and not because of any police conduct. <\/p><\/blockquote>\n

Defendant consented to a patdown, and plain feel supported seizure of a baggie of dope. Dunn v. State<\/a>, 289 Ga. App. 585, 657 S.E.2d 649 (2008).*<\/p>\n

Traffic stop based on two persons in the passenger seat was at least with reasonable suspicion because the driver’s view might have been obstructed by one too many persons in the front seat. State v. Bird<\/a>, 2008 Ohio 540, 2008 Ohio App. LEXIS 461 (4th Dist. February 4, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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