State v. Thacker

Under Article I, section 9, of the Oregon Constitution, police physically confining a vehicle in a driveway from driving away qualifies as a stop.

Police received a call reporting an orange truck, with a passenger that might have an outstanding arrest warrant, heading towards a specific address. The call also reported that this was a possible DUII. Police went to the address, pulled up behind the orange truck, and questioned the driver, who did not have her license and appeared to be “swaying.” Police did not allow defendant to enter the house to retrieve her license. Defendant was cited for DUII. Defendant moved to suppress this stop, arguing police lacked reasonable suspicion at the time and that the stop began when police followed her into the driveway. The state argued the stop did not occur until police instructed defendant to remain in her car. On appeal, defendant renewed her argument, saying when police “boxed” her into the driveway there was a stop for which there was no reasonable suspicion. The state renewed its arguments as well. The Court held that when police blocked the driveway and parked less than a car length away from the truck, there was a stop, and at that time there was not reasonable suspicion. Reversed and remanded.