State v. Waligorski
State v. Waligorski
Opinion of the Court
In this criminal proceeding charging defendant with possession of a controlled substance and unlawful possession of a firearm, the state appeals from a pretrial order granting defendant’s motion to suppress evidence. The state contends that the trial court erred in concluding that defendant’s unlawful restraint required the court to suppress the evidence discovered in his car. We reverse.
On July 25, 1993, at about 1 a.m., Gresham Police Officer LeDuc saw defendant’s car speed out of an apartment complex parking lot and then twice cross the center line of the street.
LeDuc then told defendant that he would like to talk with him and asked defendant if he would mind getting out of his car. Defendant agreed, and they moved onto the sidewalk, several feet from defendant’s car. LeDuc explained that he saw defendant coming out of an apartment complex where drug activity frequently occurs and asked him why he was there. Defendant said that he was there to see a woman to ask her out on a date. LeDuc next asked defendant if he would consent to a search of his person, and defendant agreed. LeDuc discovered a “wad” of money in defendant’s pants pockets, saw needle marks that were three days to a week old on one of his arms, and detected an odor consistent with methamphetamine. Defendant told LeDuc that he had won the money playing video poker at a tavern.
About four to five minutes after LeDuc stopped defendant, Officer Hansen and a trainee arrived, parked
Hansen continued to peer into defendant’s car and, within a few seconds, saw a portion of a small plastic bag containing what he believed to be methamphetamine. He shouted something like, “Bingo.” By that time, defendant was sitting in the back of Hansen’s patrol car.
After seeing the plastic bag, Hansen opened the car door, took out the bag and examined the contents. He concluded that it contained methamphetamine. Hansen continued his search of the car’s interior and discovered a handgun inside the “jockey box” between the front seats. Hansen and LeDuc then informed defendant of their discovery, arrested and handcuffed him and continued to search his car. LeDuc discovered behind the driver’s seat a jacket that had a small plastic container of methamphetamine in its pocket. Defendant later admitted that he owned the jacket.
Defendant was charged with possession of a controlled substance, delivery of a controlled substance and unlawful possession of a weapon. Before trial, he moved to suppress all evidence, arguing that the police exceeded the scope of the traffic stop and that he was illegally arrested. The trial court found that defendant was lawfully stopped for a traffic infraction, that he voluntarily consented to a search of
On appeal, the state makes several arguments, the dispositive one being that the evidence discovered in defendant’s car did not result from the officers’ restraint of defendant. It contends that the restraint and discovery of the evidence were independent and unrelated events. Defendant does not argue that the use of the flashlight to aid in Hansen’s observation of the objects in the car was an unreasonable search. His sole argument is that his unlawful arrest “effectively dispossessed him from his car” and that the officers took advantage of that opportunity to search his car. He contends that all evidence derived from the car was tainted by the unlawful arrest and must be suppressed.
We need not decide whether the restraint of defendant was unlawful, because we reject defendant’s argument that his restraint gave the officers an uninterrupted opportunity to search his car. The interval of time between defendant’s agreement to sit in the patrol car, parked two car lengths behind his own car, and the discovery of the bag containing methamphetamine was so brief that his restraint was unrelated to the discovery of the evidence; it did not aid the police by providing them any additional time to search. Once Hansen saw the bag that he suspected contained methamphetamine, he had probable cause to search defendant’s car and to seize the evidence. State v. Brown, 301 Or 268, 276, 721 P2d 1357 (1986).
Reversed and remanded.
Defendant did not testify at the suppression hearing; the facts were derived exclusively from the testimony of the police officers.
The trial court concluded that the stop ended at this point.
Hansen testified that the door to his patrol car was shut, but LeDuc said the door was open and that the trainee was standing guard next to it.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.