MEDFORD, Ore. – A man caught transporting over four pounds of meth will walk free after the traffic stop was ruled unconstitutional.
On December 12, 2018, an Oregon State Police trooper in Jackson County pulled over a vehicle driven by Johnathan Chavez. The trooper reportedly saw suspicious behavior and began to suspect criminal activity.
Prosecutors said while waiting to hear back from dispatch, a drug-detection canine at the scene alerted to the possible presence of narcotics.
According to the Jackson County District Attorney’s Office, the vehicle Chavez was driving was searched and 4.5 pounds of methamphetamine was found. Chavez was arrested.
On October 17, 2019, a 12-person jury unanimously found Chavez guilty of unlawful possession and delivery of methamphetamine. However, the final judgment was put on hold based on a motion from the defendant to exclude certain evidence in the case.
Judge Hoppe heard arguments from both sides during a hearing about the motion. The district attorney’s office said while Hoppe was working to make a decision, the Oregon Supreme Court released an opinion on the Oregon v. Arreola-Botello case. The new decision would have huge implications for the state’s case against Chavez.
In Oregon v. Arreola-Botello, the defendant was stopped for a traffic violation. While trying to find his license and registration, Arreola-Botello was asked if there were drugs or guns in the vehicle. He consented to a search where illegal drugs were found.
After he was arrested, Arreola-Botello argued the officer stopped him for a traffic violation and the questions about drugs and the search were not related to the purpose of the stop. On November 15, the Oregon State Supreme Court agreed with the defendant and charges against him were dropped.
According to prosecutors, the Oregon Constitution requires law enforcement inquiries to be reasonably related to the purpose of that stop or have a constitutional justification.
Prosecutors said Oregon v. Arreola-Botello effectively does away with a doctrine that allowed an officer to ask questions or request a search during an “unavoidable lull,” like a driver trying to find a license and registration, if it’s supported by reasonable suspicion. Due to this new case law, the court dropped all charges against Chavez.
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