State v. Raney
State v. Raney
Opinion of the Court
Defendant appeals a judgment of conviction for possession of methamphetamine, former ORS 475.992 (2003), renumbered as ORS 475.840 (2005). He assigns error to the trial court’s denial of his motion to suppress evidence obtained during a search of his car, and to the court’s admission of a laboratory report at trial that confirmed that the substance seized from his car was methamphetamine. We reject his claim that the trial court erred in denying his motion to suppress, but choose to exercise our discretion to address his unpreserved claim that the trial court erred in admitting the laboratory report — without requiring the state to produce at trial the criminalist who prepared the report or to demonstrate that the criminalist was unavailable — in violation of his rights under Article I, section 11, of the Oregon Constitution.
This case involves a routine traffic stop during which the officer requested, and obtained, defendant’s consent to search his car. The search uncovered methamphetamine, which was confirmed by a subsequent laboratory report. The laboratory report was admitted at trial without objection from defendant.
We take the facts from the trial court’s thoughtfully articulated findings. Officer Devlin of the Portland Police Bureau stopped defendant after observing him exceed the speed limit and fail to signal 100 feet prior to making a turn. Devlin obtained defendant’s driver’s license and insurance card. He entered defendant’s information into a computer in his patrol car to check the status of defendant’s license. While Devlin was waiting for the computer to retrieve defendant’s information, which, according to Devlin, can “take[ ] a couple minutes,” he walked back to defendant’s car. At that point, Devlin had not decided whether he was going to cite defendant for the traffic violations or merely issue a warning, and it is not clear whether Devlin returned defendant’s driver’s
Before trial, defendant moved to suppress the evidence obtained from his car on the ground that Devlin unlawfully extended the duration of the traffic stop in violation of his rights under Article I, section 9, of the Oregon Constitution.
We begin with defendant’s first claim, that the trial court erred in denying his motion to suppress. On appeal, defendant renews his argument that Devlin unlawfully extended the duration of the traffic stop by recontacting defendant without reasonable suspicion that defendant had engaged in criminal activity and that Devlin exploited the unlawful stop to obtain defendant’s consent to search his car. The state contends that the traffic stop was not unlawfully extended, “because the officer obtained [defendant’s] consent [to search] while he was waiting for information to come back on defendant’s license status.” We review the trial court’s denial of defendant’s motion to suppress for errors of law, deferring to the trial court’s findings of historical fact when there is evidence in the record to support them. State v. Woodall, 181 Or App 213, 217, 45 P3d 484 (2002). We conclude that the trial court did not err in denying the motion to suppress.
An officer can lawfully detain a driver in association with a traffic stop for “the time reasonably required to complete a citation and any other documents that must be given to the citizen in connection with the detention.” State v. Boatman, 185 Or App 27, 34, 57 P3d 918 (2002). However, the extension of a traffic stop beyond the reasonable time to complete the traffic citation that has the effect of detaining the driver must be supported by reasonable suspicion. Ehret, 184 Or App at 8-9.
Determining whether a traffic stop was unlawfully extended is a highly fact-specific inquiry; accordingly, for comparison purposes, we briefly discuss the facts of two cases that addressed the same issue. In Ehret, this court held that the law enforcement officers unlawfully extended a traffic stop by “compelling [the] defendant to get out of the car in the absence of a reasonable suspicion of criminal activity.” 184 Or App at 9. There, the officer stopped the defendant’s car for speeding and obtained the defendant’s driver’s license and
We reached a different conclusion in Boatman. There, we held that the officer’s request for consent to search during a traffic stop did not “extend [ ] the stop so as to give rise to a constitutional violation.” 185 Or App at 32. In Boatman, an officer stopped the defendant’s car after observing him run a red light. Id. at 29. The officer requested the defendant’s driver’s license, proof of insurance, and registration. When the defendant stated that he did not have a driver’s license, the officer arrested him for failure to present a license; the defendant was handcuffed and placed in the patrol car. While that officer attempted to determine the defendant’s identity, another officer performed an inventory of the defendant’s car to facilitate its being towed. During the inventory, the officer found a briefcase in the defendant’s trunk; he returned to the patrol car and requested, and obtained, the defendant’s consent to open and search the briefcase. Id. at 30. The briefcase contained the controlled substances that were the subject of the defendant’s motion to suppress. On appeal, the defendant argued that, because the
Applying those principles to this case, we conclude that, based on the totality of the circumstances, the trial court properly concluded that Devlin’s question to defendant about illegal drugs and his subsequent request for consent to search did not unlawfully extend the traffic stop. Devlin did not detain defendant beyond the time reasonably required to complete the traffic stop. The record supports the trial court’s findings that, at the time he recontacted defendant, Devlin was still investigating the traffic stop, had not ascertained the status of defendant’s driver’s license, and was unable to complete the traffic stop until that information came back. There is no indication that Devlin “deliberately delayed” issuing defendant a traffic citation as defendant suggests, or that Devlin’s request for consent to search occurred beyond the reasonable time required to complete the traffic stop.
Devlin was permitted to request consent to search defendant’s car during the lawful traffic stop without individualized suspicion that defendant was involved in criminal activity. See ORS 810.410(3)(e) (allowing officers to request consent to search for, among other things, “items of evidence otherwise subject to search or seizure” during a traffic stop); see also State v. Wood, 188 Or App 89, 93-94, 69 P3d 1263 (2003); State v. Duffy, 176 Or App 49, 53, 29 P3d 1222 (2001), rev den, 337 Or 669 (2004). The stop was not unlawfully extended.
This court has discretion to review unpreserved errors of law that are “apparent on the face of the record,” otherwise referred to as “plain error.” ORAP 5.45(1). To constitute plain error, the error must (1) be an error of law, (2) be apparent, meaning that the legal point is obvious, not reasonably in dispute, and (3) appear on the face of the record such that we “need not go outside the record or choose between competing inferences to find it.” State v. Brown, 310 Or 347, 355, 800 P2d 259 (1990). Whether an error constitutes plain error is determined by the law as it exists at the time the appeal is decided and not as of the time the trial court rendered the challenged ruling. State v. Jury, 185 Or App 132, 139, 57 P3d 970 (2002), rev den, 335 Or 504 (2003).
The trial court’s admission of the laboratory report in this case satisfies all three plain error requirements. In
However, that does not end our inquiry; we must now decide whether to exercise our discretion to consider, or not to consider, the plain error. Ailes v. Portland Meadows, Inc., 312 Or 376, 382, 823 P2d 956 (1991). In Marroquin, we decided to exercise our discretion to correct the error in admitting a laboratory report after considering the gravity of the error and the general policies behind the preservation requirement. 215 Or App at 337-38. For the reasons that we expressed in Marroquin, we choose to exercise our discretion to correct the trial court’s error in admitting the laboratory report in this case.
Reversed and remanded.
Article I, section 11, provides, in part:
“In all criminal prosecutions, the accused shall have the right * * * to meet the witnesses face to facet]”
Article I, section 9, provides, in part:
“No law shall violate the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search, or seizure!.]”
The fact that Devlin asked defendant whether he had any illegal drags before he requested consent to search does not alter our conclusion that the traffic stop
Reference
- Full Case Name
- STATE OF OREGON, Plaintiff-Respondent v. BRENT ADAM RANEY
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- 1 case
- Status
- Published