¶2Lane County Circuit Court; Eveleen Henry, Judge.
¶3Peter Gartlan, Chief Defender, and Rebecca A. Duncan, Assistant Chief Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.
¶4Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Tiffany Keast, Assistant Attorney General, filed the brief for respondent.
¶5Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.
¶6PER CURIAM.
¶7Defendant appeals a judgment of conviction for possession of methamphetamine. ORS 475.894. She assigns error to the denial of her motion to suppress evidence discovered by an officer during a traffic stop after the officer obtained consent to search defendant as a result of a threat to arrest her. Defendant argues that, because the officer lacked probable cause to arrest her, her consent in response to the threat was involuntary. The state concedes that the officer lacked probable cause to arrest and that, as a result, the threat rendered defendant's consent involuntary. We conclude that the concession is appropriate. See, e.g., State v. Coen,203 Or.App. 92, 103, 125 P.3d 761 (2005), rev. den.,341 Or. 141, 139 P.3d 259 (2006) (if officer lacked probable cause to arrest the defendant, the officer's threat was unlawful, and the defendant's consent was involuntary).
¶8Reversed and remanded.