State v. Stookey
255 Or. App. 489
Or. Ct. App.2013Background
- Duncan appeals a conviction for failure to report as a sex offender under ORS 181.599, challenging suppression denial.
- Trooper Looney stopped Duncan on Highway 42 (Coos County, March 17, 2010) for a horizontal windshield crack in Duncan’s line of sight.
- Crack was the trooper’s sole basis for the stop; records checks revealed Duncan’s noncompliance with sex-offender registration.
- Defendant moved to suppress all evidence from the stop; trial court denied the motion.
- Issue on appeal centers on whether the stop had probable cause under ORS 810.410 and ORS 815.020(l)(a).
- Court reverses, holds no probable cause; stop violated Article I, section 9, suppression of all resulting evidence; remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for stop based on ORS 815.020(l)(a)? | State contends crack created endangerment; objectively reasonable belief it violated statute. | Duncan argues crack does not create probable danger; not a violation of ORS 815.020(l)(a). | No probable cause; stop invalid. |
| Evidentiary suppression of fruits of an unlawful stop? | Evidence derived from stop admissible if independent of illegality; records already in possession. | All evidence from stop, including identity and sex-offender records, should be suppressed. | Suppression affirmed; fruits of illegality excluded. |
Key Cases Cited
- State v. Miller, 345 Or 176 (Or. 2008) (probable-cause two-component test for traffic stops)
- State v. Matthews, 320 Or 398 (Or. 1994) (probable cause framework for stops)
- State v. Tiffin, 202 Or App 199 (Or. App. 2005) (objective-reasonableness standard in probable cause)
- State v. Elmore, 241 Or App 419 (Or. App. 2011) (probable-cause can be based on mistaken facts about law)
- State v. Gaines, 346 Or 160 (Or. 2009) (statutory interpretation by text, context, history)
- Glushko/Little, 351 Or 297 (Or. 2011) (transitive vs intransitive meaning of 'endanger')
- State v. Cloutier, 351 Or 68 (Or. 2011) (statutory meaning depends on usage and context)
- State v. Boatright, 222 Or App 406 (Or. App. 2008) (officer belief may be reasonable even if mistaken, if facts establish offense elements)
- State v. Backstrand, 231 Or App 621 (Or. App. 2009) (evidence obtained from illegal stop subject to suppression)
- State v. Starr, 91 Or App 267 (Or. App. 1988) (identity evidence suppressed when derived from illegal stop)