Oregon v. Pichardo
Annotate this CaseAn officer stopped defendant Victor Pichardo to investigate whether he was helping another person evade the police. During the stop, the officer asked defendant for consent to a search for drugs. The primary question presented for the Supreme Court's review in this matter was whether the officer's request for consent was reasonably related to the reason for the stop and thus did not extend it in violation of Article I, section 9, of the Oregon Constitution. The trial court ruled that the officer's request for consent did not unreasonably extend the stop. The Court of Appeals reversed, holding that an unrelated request for consent extended the stop in violation of Article I, section 9, and that defendant's consent had not attenuated that illegality. The Supreme Court allowed the state's petition for review, vacated the Court of Appeals decision, and remanded the case to the Court of Appeals, which adhered on remand to its decision. The Supreme Court allowed the state's petition for review from the decision on remand and affirmed the Court of Appeals decision.
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