State v. Wentworth
284 P.3d 1250
Or. Ct. App.2012Background
- Trooper Hargas followed defendant on a curvy two-way road with double yellow center line and fog lines at edges; defendant’s tire crossed the fog line by an inch or two for 1–2 seconds, then returned to position.
- Trooper stopped defendant for failure to drive within a lane based on that crossing.
- During the stop, more than four ounces of marijuana were found.
- Defendant moved to suppress evidence, arguing no probable cause to stop for ORS 811.370 violation.
- Trial court found probable cause and denied suppression; defendant was convicted after a stipulated facts trial.
- On appeal, defendant argues the crossing was not enough for probable cause and that the issue was not properly preserved; the court affirmatively addresses preservation and concludes the stop was supported by probable cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did crossing the fog line establish probable cause to stop for ORS 811.370? | Hargas’s belief satisfied the statute. | Crossing the fog line does not demarcate a lane under ORS 811.370. | Yes, probable cause supported; crossing the fog line can satisfy the statute. |
| Was defendant’s argument about incidental and momentary crossing preserved? | State contends preservation of defendant’s challenge. | Crossing was not enough; but preserved that crossing was incidentially and momentarily insufficient. | No preservation for the incidential/momentary challenge; error not apparent. |
| Did the fog line define the outer boundary of a lane for ORS 811.370 purposes? | Fog line is a demarcation within ORS 811.370. | Fog line is only a guide, not a lane boundary. | Repeatedly rejected; fog line can demarcate a lane boundary under ORS 811.370. |
Key Cases Cited
- State v. Isley, 182 Or App 186 (2002) (probable cause for stop requires subjective belief and objective reasonableness)
- State v. Tiffin, 202 Or App 199 (2005) (belief must satisfy elements of the infraction)
- State v. Vanlom, 232 Or App 492 (2009) (fact-perception must establish elements of the violation)
- State v. McBroom, 179 Or App 120 (2002) (review standards for errors of law on appeal)
- State v. Roberts, 241 Or App 589 (2011) (fog line not merely a guide; can support a stop)