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OR: Defendant heard from PO on cell phone he was subject to search so he said to officer "You can search me," and that was consent

By John Wesley Hall, Jr.

Defendant was on supervision, and his PO told the police to call them if they contacted him. The officer encountered the defendant on a theft allegation, and called the PO who told the officer that defendant had a search condition. Defendant said that he wanted to hear that from the PO himself, so the officer handed the phone to defendant. "While still talking to [the PO], defendant put both hands up and told [the officer], 'You can search me.' {The officer] took the phone from defendant and terminated the call." That was valid consent to search. State v. Wammack, 2009 Ore. App. LEXIS 707 (May 20, 2009).* Having previously been seen by the officer doing hand to hand drug deals and then following officer home apparently in "some amateurish counter-surveillance in support of their illegal drug activity" was reasonable suspicion...continue to full post

Full post as published by Fourth Amendment on May 31, 2009 (boomark / email).