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STATE of Oregon, Plaintiff-Respondent, v. Brooke Lynn SIEGRIST, Defendant-Appellant.

Court of Appeals of Oregon2019-03-20No. A165201
437 P.3d 327296 Or. App. 756

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Opinion

majority opinion

PER CURIAM

Defendant was convicted of possession of heroin, possession of oxycodone, and possession of hydrocodone after a police officer discovered those drugs while searching her purse in connection with a traffic stop. On appeal, she argues that the trial court erred in denying her motion to suppress the drug evidence, because the officers request for consent to search her purse unlawfully extended the traffic stop in violation of Article I, section 9, of the Oregon Constitution. The state concedes that, under the facts of this case, the officers request unlawfully extended the stop and the trial court erred in denying the motion to suppress. We agree with and accept the states concession, and we therefore reverse and remand defendants convictions. See State v. Reich , 287 Or. App. 292, 302-03, 403 P.3d 448 (2017) (holding that the trial court should have granted the motion to suppress based on an unlawful extension of the stop where [t]he state failed to prove that [the officers] request for consent to search defendants person was justified by reasonable suspicion or occurred during an unavoidable lull).

Reversed and remanded.