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STATE v. RODGERS

(CC CM0420629; CA A128857; SC S056239 (Control)), (CC CR030112; CA A128263; SC S056237).

227 P.3d 695 (2010)

347 Or. 610

STATE of Oregon, Petitioner on Review, v. Michael K. RODGERS, Respondent on Review. State of Oregon, Petitioner on Review, v. Anthony Douglas Kirkeby, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided February 11, 2010.

Attorney(s) appearing for the Case

Anna Marie Joyce, Assistant Attorney General, Salem, argued the cause for petitioner on review. With her on the petitions for review and briefs on the merits were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Susan G. Howe, Senior Assistant Attorney General. With her on the reply brief were John R. Kroger, Attorney General, and Rolf C. Moan, Acting Solicitor General.

Peter Gartlan, Chief Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for respondents on review Michael K. Rodgers and Anthony Douglas Kirkeby.

DE MUNIZ, C.J.

In these two criminal cases, consolidated for purposes of opinion, each defendant was charged with drug-related crimes based on evidence obtained during separate traffic stops. In each case, the Court of Appeals concluded that the officer's conduct unreasonably extended the duration of the traffic stop, in violation of Article I, section 9.1 State v. Rodgers, 219 Or.App. 366,...

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