State v. Smith
252 Or. App. 518
Or. Ct. App.2012Background
- On January 16, 2010, around 4:00 a.m., Stearns observed defendant in an empty Silverton parking lot, defendant exited the driver’s door, walked around the car, and opened the rear passenger door where Nelson was present, and a heated discussion ensued.
- Stearns approached with headlights on but no overhead lights; girlfriend Bader stepped out and requested help with Nelson; Stearns asked Bader and defendant to stand by the car while he dealt with Nelson.
- Sergeant Gathercoal arrived with overhead lights on, blocked the parking lot exit, and asked for identification, then ran warrants on defendant and Bader’s licenses.
- Stearns and another officer later detained Nelson on a warrant; Stearns reviewed defendant’s condition and initiated a DUII investigation after observing intoxication; the suppression motion argued the detention preceding DUII was unlawful.
- Defendant argued the stop violated Article I, section 9 due to lack of reasonable suspicion before signs of intoxication; the State argued preservation, timing of seizure, and alternative grounds.
- The court held that defendant was seized when Gathercoal took defendant’s license and performed a warrant check, that the stop lacked reasonable suspicion, and that the evidence obtained thereafter must be suppressed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant preserved the argument on pre-DUII seizure | Defendant | Preservation was established by defense questioning and reference to Hall | Preserved |
| Whether the seizure occurred when Gathercoal took the license and did a warrant check | State | Stop occurred at license check | Stop occurred at license check (unlawful) |
| Whether the seizure was supported by reasonable suspicion | State | No reasonable suspicion existed | Unlawful due to lack of reasonable suspicion |
| Whether the suppression is proper given the causal link between unlawful stop and evidence | State | Evidence independent or attenuated | Evidence suppressed; causal nexus established |
Key Cases Cited
- State v. Ashbaugh, 349 Or 297 (2010) (definition of seizure under Article I, §9; reasonable suspicion standard)
- State v. Ayles, 348 Or 622 (2010) (taking and retaining identification constitutes a stop; warrant checks constitute seizure)
- Hall, 339 Or 7 (2005) (establishes causal link and attenuation/inevitable discovery standards for suppression)
- Rodgers/Kirkeby, 347 Or 610 (2010) (minimal nexus and suppression nexus principles)
- State v. Parker, 242 Or App 387 (2011) (warrant checks as part of seizure analysis)
- Lay, 242 Or App 38 (2011) (time frame for seizure during warrant checks)
- Thompkin, 341 Or 368 (2006) ( seizure concepts during investigative detentions)
- Amaya, 336 Or 616 (2004) (totality of circumstances and preservation)