and submitted June 20, 2018.
Multnomah County Circuit Court 16CR20012; Gregory F. Silver,
Matthew Blythe, Deputy Public Defender, argued the cause for
appellant. Also on the briefs was Ernest G. Lannet, Chief
Defender, Criminal Appellate Section, Office of Public
A. Salmon, Assistant Attorney General, argued the cause for
respondent. Also on the brief were Ellen F. Rosenblum,
Attorney General, and Benjamin Gutman, Solicitor General.
Armstrong, Presiding Judge, and Tookey, Judge, and Shorr,
Summary: Defendant appeals a judgment of conviction for
possession of methamphetamine, ORS 475.894. Defendant assigns
error to the trial court's denial of her motion to
suppress evidence that a law enforcement officer discovered
during a traffic stop. Defendant argues that the trial court
erred in denying her motion to suppress because the
officer's questioning of defendant during the traffic
stop unlawfully extended the traffic stop. Held: The
trial court did not err when it concluded that the officer
did not unlawfully extend the traffic stop. The officer's
questioning of defendant took place during an unavoidable
lull in the traffic stop. The officer did not question
defendant instead of expeditiously proceeding with the steps
necessary to complete the traffic stop.
Or.App. 12] TOOKEY, J.
appeals a judgment of conviction for possession of
methamphetamine, ORS 475.894. Defendant assigns error to the
trial court's denial of her motion to suppress evidence
that a law enforcement officer discovered during a traffic
stop. Defendant argues that the trial court erred in denying
her motion to suppress because the law enforcement
officer's questioning of defendant unlawfully extended
the traffic stop. For the reasons that follow, we affirm.
review a trial court's denial of a motion to suppress for
legal error." State v. Rondeau, 295 Or.App.
769, 770, 436 P.3d 49 (2019) (citing State v. Ehly,
317 Or. 66, 75, 854 P.2d 421 (1993)). "We are bound by
the trial court's factual findings if they are supported
by evidence in the record." Id. "If the
trial court did not make an express finding on a necessary
fact, we presume that the court found the facts in a manner
consistent with its decision." Id. We state the
facts and analyze defendant's arguments accordingly.
HISTORICAL AND PROCEDURAL FACTS
after 10:00 a.m., Deputy O'Donnell, a narcotics K-9
handler with the Multnomah County Sheriffs Office, stopped
defendant's car after he saw defendant make an unsignaled
turn. O'Donnell approached defendant's car, explained
to her why he had pulled her over, and asked her for her
driver's license, vehicle registration, and proof of
insurance. Defendant provided her driver's license to
O'Donnell, but told O'Donnell that she did not have
proof of insurance, although she did have insurance. She also
told O'Donnell that she did not know where her vehicle
10:03 a.m., after obtaining defendant's driver's
license, O'Donnell switched the radio he was wearing to
the "service net" to request a records check.
During the hearing on defendant's motion to suppress,
O'Donnell testified that Multnomah County Sheriffs Office
deputies use the service net to run records checks during
traffic stops. He also testified that, in order to write a
traffic citation, he has to find out if a driver has a
suspended license, which is one [299 Or.App. 13] piece of
information a records check provides. In this case, after
contacting the service net dispatcher, the dispatcher told
O'Donnell that he was in line, which meant that the
dispatcher was working on other tasks and O'Donnell had
to wait in line for his turn.
testified that the other option he has for running a records
check during a traffic stop is to return to his patrol car to
use the car's computer. That option requires him to
manually enter a driver's information and "read the
responses that c[o]me back." O'Donnell uses the
service net in 80 to 90 percent of the stops he makes, and it
is "oftentimes" faster than using the
computer. The only time the service net might not be
the faster option is when the dispatcher tells the radioing
deputy that she or he is in line.
case, while waiting for his turn on the service net,
O'Donnell spoke with defendant about the high-crime
nature of the area and asked her whether she had any drugs in
her car. Defendant admitted that she had a small amount of
methamphetamine in her purse. ...