State v. Lamb

During the course of a lawful stop, an officer may inquire as to whether the defendant has weapons on his person without it being an unlawful seizure.

Defendant was convicted under ORS 475.894 and ORS 163.684 for possession of methamphetamine and encouraging child sexual abuse in the first degree. Defendant was lawfully stopped for violating a TriMet smoking regulation. An officer asked defendant if he had anything that “might poke or stick me.” Defendant responded that he had a syringe. The officer then asked whether Defendant had any drugs on his person. The Defendant replied that he had two baggies. Following the admission, the officer searched the Defendant and discovered methamphetamine and child pornography. At trial, Defendant requested that the trial court suppress the evidence because it was unlawfully seized. The trial court denied his request and subsequently convicted him. On appeal, Defendant renewed his argument. The Court held that since the question regarding weapons was asked during the course of a lawful stop, it did not constitute an unlawful seizure and the trial court correctly denied the motion to suppress. Affirmed.