270 P.3d 382
Or. Ct. App.2012Background
- Defendant was a passenger in a car stopped for an improper signal during a traffic stop.
- Officer Manzella discovered the driver’s license was suspended and asked defendant for his name; car was towed per policy.
- Defendant stepped out when asked; Manzella asked if he had anything illegal; defendant admitted a pipe and crack cocaine rocks.
- Items were seized and defendant was arrested for possession of a controlled substance; no express statement to defendant that he was free to leave.
- Trial court found defendant did not feel free to leave; decision followed prior Oregon law on similar encounters.
- State petitioned for reconsideration; court granted reconsideration and applied Ashbaugh II to affirm denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a seizure under Article I, section 9 | State contends there was a show of authority creating a seizure. | Smith argues he was seized because he was not free to leave. | No seizure under Ashbaugh II; no significant interference. |
| Whether asking to step out of the car amounted to a significant restraint | Step-out request signaled authority and restricted movement. | Step-out was a routine request during towing with no manifest restraint. | Not a constitutionally significant act; did not constitute a seizure. |
| Whether the presence of a second officer created a show of authority | Second officer's presence signals combined authority and surrounds the defendant. | Second officer did not engage in overt show of authority toward defendant. | Absence of surrounding positioning and nonconversational commands; no seizure. |
Key Cases Cited
- State v. Lantzsch, 244 Or.App. 330 (2011) (Ashbaugh II framework applied to show of authority analysis)
- State v. Lantzsch (Lantzsch I), 229 Or.App. 505 (2009) (subjective belief rule later superseded by Ashbaugh II)
- State v. Ashbaugh, 349 Or. 297 (2010) (abandoned subjective component; defines seizure as show of authority)
- State v. Ashbaugh II, 349 Or. 297 (2010) (overruled Ashbaugh I; adopts totality-of-circumstances test for seizure)