260 P.3d 603
Or. Ct. App.2011Background
- On remand from the Oregon Supreme Court, the Court of Appeals reevaluates under Ashbaugh II whether a stop occurred during an ICE agent’s inquiry for additional identification.
- ICE Agent Billison accompanied Hillsboro narcotics officers executing a search warrant at defendant's sister's residence.
- Minors were present; adults at the residence were detained/arrested; defendant arrived to take custody of the children.
- Defendant produced an Oregon ID; Billison then requested more identification after identifying forged documents.
- Billison’s badge and plain-clothes appearance, plus the timing of the request, created a perception of authority.
- The trial court denied suppression; the court now reverses and remands for an assessment of whether defendant was not free to leave under Ashbaugh II arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Billison’s request for additional identification amounted to a stop under Article I, section 9. | Zamora-Martinez contends the request escalated to a stop. | Zamora-Martinez argues the encounter was investigatory but not a stop. | Yes; reasonable person would feel not free to leave; suppression reversed. |
Key Cases Cited
- Ashbaugh II, 349 Or. 297 (2010) (abandoned subjective component; focus on totality and objective show of authority)
- Ashbaugh I, 225 Or.App. 16 (2008) (initial framework for seizure based on reasonable belief of not being free to leave)
- Radtke, 242 Or.App. 234 (2011) (taking ID can convey authority indicating not free to leave when combined with other factors)
- Levias, 242 Or.App. 264 (2011) (content of questions or manner may show show of authority restricting movement)
- Parker, 242 Or.App. 387 (2011) (warrants and identification steps imply ongoing investigation when tied to stop)