331 P.3d 1027
Or. Ct. App.2014Background
- Defendant convicted of unlawful possession of methamphetamine (ORS 475.894).
- Shelly stopped defendant after Cook reported suspicious vehicle parked on her property; stop occurred on shoulder near a public road.
- Cook’s report described vehicle and its license plate; she claimed they declined help and claimed they were working at nearby Christmas tree farm.
- Vehicle was on the shoulder of a paved road; Shelly was unsure whether the shoulder was public or private property.
- Shelly asked for defendant’s ID, retained it after checking for warrants, and defendant later consented to a weapons search revealing methamphetamine; defendant made incriminating statements.
- Trial court denied suppression; on appeal, issues centered on whether the stop violated Article I, section 9 due to lack of reasonable suspicion; court reverses and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to stop for trespass? | Shelly had reasonable suspicion based on Cook’s report and location. | No objective facts showed trespass; property open to public and no private restriction. | No; stop lacked reasonable suspicion under Article I, section 9. |
| Did the stop yield admissible evidence given the illegality of the stop? | Consent to search occurred during the stop, so evidence should be admissible. | Evidence obtained after an illegal stop must be suppressed. | Suppression required; reversible error. |
| Does the location and nature of the shoulder negate trespass liability? | Shoulder parking could indicate open to the public. | Shoulder did not negate private restrictions. | Vehicle on public shoulder did not support reasonable suspicion of trespass. |
Key Cases Cited
- State v. Ashbaugh, 349 Or 297 (Or. 2010) (defines which encounters implicate Article I, § 9)
- State v. Fair, 353 Or 588 (Or. 2013) (stops require reasonable suspicion for investigative detentions)
- State v. Ehly, 317 Or 66 (Or. 1993) (establishes reasonable suspicion standard under state constitution)
- State v. Belt, 325 Or 6 (Or. 1997) (articulates totality-of-circumstances approach to reasonable suspicion)
- State v. Hammonds/Deshler, 155 Or App 622 (Or. App. 1998) (limits on reasonable inference from observed facts)