State v. Rayburn
246 Or. App. 486
Or. Ct. App.2011Background
- Police responded to a dispatch reporting a red Honda Civic, potentially stolen, being driven recklessly and occupants tossing objects.
- Officers encountered a car matching that description in a driveway; four occupants were in the car, driver attempted to drive away, and officers conducted a high-risk stop.
- Defendant, the front passenger, was removed, handcuffed, and secured; car was confirmed stolen and driver could not remove the ignition key.
- An inventory search yielded a used crack pipe; Miranda rights were administered to defendant after arrest.
- Defendant moved to suppress statements and evidence, arguing lack of probable cause for arrest; trial court granted suppression.
- State appealed; the appellate court evaluated whether probable cause existed to arrest defendant as a passenger in a stolen vehicle.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause to arrest the defendant as a passenger in a stolen car? | Rayburn had probable cause based on stolen-vehicle dispatch and driver’s inability to remove the key, plus observed reckless use. | There was no objective probable cause to arrest a passenger; knowledge of theft could not be inferred. | Yes; facts supported probable cause to arrest. |
Key Cases Cited
- State v. Koroteev, 222 Or.App. 596 (2008) (arrest not supported by probable cause where scene failed to corroborate criminality)
- State ex rel Juv. Dept. v. Mitchell, 142 Or.App. 40 (1996) (knowledge of stolen status may be inferred from circumstances)
- State v. Shuneson, 132 Or.App. 283 (1995) (passenger's knowledge of theft cannot be inferred from reckless driving alone)
- State v. Bell, 220 Or.App. 266 (2008) (knowledge of theft cannot be inferred from who rented the vehicle)
- State ex rel Juv. Dept. v. Hal, 168 Or.App. 76 (2000) (knowledge inferable from context of vehicle's condition and ownership relationship)
- State v. Goodman, 328 Or. 318 (1999) (probable cause differs from proof of guilt; standard is more likely than not)
- State v. Vasquez-Villagomez, 346 Or. 12 (2009) (probable cause and totality-of-circumstances approach; objective reasonableness)
- State v. Owens, 302 Or. 196 (1986) (probable cause requires subjective belief plus objective reasonableness)