State v. Holdorf
250 Or. App. 509
Or. Ct. App.2012Background
- Albany police observed a blue SUV driven by Watts, a felon with a probation warrant and suspected drug activity, and Watts was being sought for parole violation.
- Officer Salang stopped Watts for a traffic infraction after following and confirming Watts’s identity in the parking lot.
- Defendant, Watts’s passenger, appeared nervous and fidgety; Salang suspected present methamphetamine intoxication in defendant.
- Salang learned Watts had an outstanding warrant; defendant did not, and defendant asked to leave but was told he could not.
- After Watts was arrested, Salang detained defendant, conducted pat-downs, discovered a knife, and later opened containers via consent after a drug dog alerted.
- Defendant was charged with possession of marijuana and methamphetamine; he moved to suppress the evidence as stemming from an unlawful stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion | State argues totality of circumstances supported suspicion. | Schuman asserts insufficient objective facts to justify present crime. | No, Salang lacked reasonable suspicion. |
| Whether officer safety justified the stop | State claims immediate threat justified by circumstances. | Schuman argues safety threat dissipated once Watts arrested and backup arrived. | No, officer safety did not justify continued detention. |
Key Cases Cited
- State v. Ehly, 317 Or 66 (Or. 1993) (establishes objective totality-of-circumstances test for reasonable suspicion)
- State v. Zumbrum, 221 Or App 362 (Or. App. 2008) (discusses limitations of associational inferences and methamphetamine indicators)
- State v. Holcomb, 202 Or App 73 (Or. App. 2005) (reiterates limits of past drug use as sole basis for suspicion)
- State v. Frias, 229 Or App 60 (Or. App. 2009) (emphasizes that innocent explanations can undercut suspicion; past drug use not conclusive)
- State v. Bates, 304 Or 519 (Or. 1987) (officer safety requires imminent threat assessment)
- State v. Regnier, 229 Or App 525 (Or. App. 2009) (recognizes need for factors beyond mere association in some cases)
- State v. Ruggles, 238 Or App 86 (Or. App. 2010) (each reasonable suspicion case decided on its own facts)
- State v. Ehret, 184 Or App 1 (Or. App. 2002) (totality of circumstances governs suspicion analysis)