State v. Maciel
254 Or. App. 530
Or. Ct. App.2013Background
- Troopers stopped a vehicle for speeding on I-5 at 4:00 a.m.; the vehicle slowed and pulled onto the shoulder but did not stop immediately.
- Defendant and the driver had California registration; the registration did not match the driver's license.
- Defendant gave inconsistent ownership explanations for the vehicle.
- Walport noted indicators (prepaid phones, religious medallion, lack of luggage) and questioned ownership to assess theft risk.
- Walport obtained defendant’s identification and conducted a warrant check while the stop continued.
- A drug-detection dog alerted to drugs after a prolonged detention, leading to a search yielding approximately five pounds of methamphetamine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial stop was supported by reasonable suspicion | State contends suspicion the car was stolen justified the stop | Armstrong argues insufficient basis for detaining beyond a mere traffic stop | Stop was supported at onset by reasonable suspicion |
| Whether extending the stop to investigate drug trafficking was supported by reasonable suspicion | State asserts additional suspicion justified the extension | Armstrong argues no reasonable suspicion for drug-trafficking extension | Extension not supported by reasonable suspicion |
| Whether the dog sniff and subsequent search were permissible given the stop's legality | State maintains dog sniff valid following lawful detention | Armstrong argues evidence fruit of unlawful stop | Suppressed; drug evidence must be excluded due to unlawful extension of stop |
Key Cases Cited
- State v. Belt, 325 Or 6 (1997) (reasonable-suspicion standard for stops)
- State v. Espinoza-Barragan, 253 Or App 743 (2012) (limits on inference-based expansion of stops)
- State v. Ehly, 317 Or 66 (1993) (requires specific, articulable facts for suspicion)
- State v. Hudson, 253 Or App 327 (2012) (integration of training and experience in assessing suspicion)
- State v. Ayles, 348 Or 622 (2010) (passenger seizure upon detention for warrant check)
- State v. Klein, 234 Or App 523 (2010) (-extension of stop when lacking reasonable suspicion)
- State v. Kolb, 251 Or App 303 (2012) (speculative inferences defeat reasonable-suspicion findings)
- State v. Kentopp, 251 Or App 527 (2012) (cannot justify extended stop by suspicion about different crime)