State v. McCray

“If an officer threatens only to do something that the officer is legally permitted to do, the coercion caused by the threat is not constitutionally objectionable.” State v. Hirsch, 267 Or 613, 622, (1974). “In determining whether a defendant was involuntarily induced to give consent by a promise of leniency, the court considers whether the defendant reasonably understood that a promise of leniency was made and reasonably relied on the promise of leniency to give consent. State v. Marshall, 254 Or App 419, 432-33 (2013).”

During a DUII investigation, defendant said she was willing to cooperate and that the officer may search her trailer. During the search, the defendant gave officers a small box with a packet of methamphetamine. The officer then stated that if the defendant cooperated, she was most likely going to get a citation and could get treatment, otherwise he would arrest her if he found anything else. After this, the defendant showed the officer a line of methamphetamine in the bathroom. Defendant moved to suppress the drugs because the state did not prove her consent lacked coercion by threats or promises of leniency.  “If an officer threatens only to do something that the officer is legally  permitted  to  do,  the  coercion  caused  by  the  threat is not constitutionally objectionable.” State v. Hirsch, 267 Or 613, 622, (1974).  “In determining whether a defendant was involuntarily induced to give consent by a promise of leniency, the court considers whether the defendant reasonably understood that a promise of leniency was made and reasonably relied on the promise of leniency to give consent. State v.  Marshall,  254  Or  App  419,  432-33 (2013).” The Court stated the only ground for contention here would be for the search prior to the discovery of the box of methamphetamine because probable cause existed for the second discovery, however, the Court found that such a threat existed during the first search. The Court also held that even if there was a promise made, it was not sufficient for a reasonable person to assume it implied a promise of leniency. Affirmed.