Opinion
C962355CR; A109565
Submitted on record and briefs November 2, 2001.
Filed: December 26, 2001
Appeal from Circuit Court, Washington County. Jon B. Lund, Judge.
Jennelle Hall, Deputy Public Defender, filed the brief for appellant. With her on the brief was David E. Groom, Public Defender.
Douglas F. Zier, Assistant Attorney General, filed the brief for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.
Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.
PER CURIAM
Reversed and remanded.
Defendant appeals his conviction for possession of methamphetamine, arguing that the police officer exceeded his authority under ORS 810.410(3)(b) (1995) when he extended a traffic stop to ask defendant to consent to a search of his vehicle without having reasonable suspicion to support the continued detention. The state concedes that, under the law as it existed at the time of the stop, the trial court erred in denying defendant's motion to suppress, and we agree. State v. Toevs, 327 Or. 525, 964 P.2d 1007 (1998); State v. Aguilar, 139 Or. App. 175, 912 P.2d 379, rev den 323 Or. 265 (1996).
The version of ORS 810.410(3)(b) in effect in 1996, when the events in question occurred, continues to apply to this case. State v. Fugate, 332 Or. 195, 26 P.3d 802 (2001).
Reversed and remanded.