State v. Weigel

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Procedure
• Date Filed: 02-03-2016
• Case #: A155958
• Judge(s)/Court Below: Lagesen, J. For the Court; Ortega, P.J.; Garrett, J.

Article I, section 9, of the Oregon Constitution does not forbid an officer to take reasonable steps to protect himself or others if, during the course of a lawful encounter with a citizen, the officer develops a reasonable suspicion, based on specific and articulable facts, that the citizen might pose an immediate threat of serious physical injury to the officers or others then present.

Defendant pled guilty to one count of possession of a loaded firearm in public, reserving a right to appeal the trial court’s denial of his demurrer and motion to suppress evidence that the gun was loaded. On appeal, Defendant assigned error to both rulings. The Court reviewed to determine whether the trial court’s factual findings are supported by constitutionally sufficient evidence in the record and whether the trial court correctly applied applicable principles of law. The Court rejected Defendant’s challenge to the denial of his demurrer and the motion to suppress. Affirmed.

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