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State v. Arreola-Botello

Oregon Supreme Court
365 Or. 695, 451 P.3d 939 (2019)

Written by Arlyn Katen, JD

Facts

A police officer stopped Arreola-Botello (defendant) because Arreola-Botello changed lanes and turned without signaling. Arreola-Botello pulled over and quickly produced his license, but he spent three or four minutes looking for his registration and proof of insurance. During the wait, the officer asked Arreola-Botello what the officer claimed were routine questions that he always asks during traffic stops. Arreola-Botello was primarily Spanish-speaking and had difficulty understanding the officer’s questions. Initially, a passenger translated for him, but she left after the officer told her she was free to leave. The officer asked Arreola-Botello whether he had weapons, drugs, or other illegal items in his car. The officer then asked if he could search the car, and Arreola-Botello responded, “Sure, okay.” During the search, the officer found a small package that contained methamphetamine on the floor between the door and driver’s seat. The trial court denied Arreola-Botello’s motion to suppress the drugs, finding that the questioning occurred during an unavoidable lull in the traffic stop and that Arreola-Botello consented to the search. The court of appeals agreed with the trial court and affirmed Arreola-Botello’s conviction.

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Holding and Reasoning (Nelson, J.)

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Dissent (Garrett, J.)

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