331 P.3d 1023
Or. Ct. App.2014Background
- This case on remand from the Oregon Supreme Court to reconsider in light of Backstrand, Highley, and Anderson.
- Zamora-Martinez II held that Billison’s second identification request transformed the encounter into a stop under Article I, section 9.
- ICE Agent Billison accompanied Hillsboro narcotics during a search at defendant’s sister’s residence; he detained several adults for immigration and drug charges.
- Defendant arrived to take custody of his nieces; officers called Billison, who then asked for defendant’s identification after confirming nationality as Mexican.
- There were multiple officers present; the encounter lasted less than two minutes; defendant produced Oregon ID, then provided additional IDs which revealed forgeries.
- The trial court denied suppression; on appeal, the panel concluded the stop was unlawful and reversed/remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the second ID request amount to a seizure under Art. I, §9? | Zamora-Martinez | Zamora-Martinez | Yes; unlawful seizure |
| Was the seizure supported by reasonable suspicion under the totality of circumstances? | Zamora-Martinez | Zamora-Martinez | Not this result; seizure exceeded permissible encounter |
| Do Backstrand, Highley, and Anderson require a different assessment of restraint than Ashbaugh? | Zamora-Martinez | Zamora-Martinez | Yes; totality showed restraint in this case |
| Should the evidence be suppressed on remand? | Zamora-Martinez | Zamora-Martinez | Reversed and remanded for suppression ruling |
Key Cases Cited
- State v. Ashbaugh, 349 Or 297 (2010) (test for seizure under Art I, §9)
- Backstrand, 354 Or 392 (2013) (when identification requests are not accompanied by restraint, not a seizure)
- Highley, 354 Or 459 (2013) (identification requests analyzed in totality of circumstances)
- Anderson, 354 Or 440 (2013) (identification and restraint framework in encounters)
- Holmes, 311 Or 400 (1991) (scope of permissible police-citizen encounters)
- Zamora-Martinez, 229 Or App 397 (2009) (Zamora-Martinez I discussed initial suppression issue)
- Zamora-Martinez, 244 Or App 213 (2011) (Zamora-Martinez II—focus on stop/identification issue)