- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 03-21-2018
- Case #: A160793
- Judge(s)/Court Below: Shorr, J. for the Court; Armstrong, P.J.; & Tookey, J.
- Full Text Opinion
Defendant appealed judgment of conviction for pos¬session of a loaded firearm in a public place. Defendant assigned error to the trial court's denial of his motion to suppress evidence found by a police officer after he stopped and searched Defendant without a warrant. On appeal, Defendant argued that the officer lacked reasonable suspicion to stop Defendant because there was no evidence that Defendant had committed or was committing a crime; and, even if there was reasonable suspicion to stop Defendant, there was no objectively reasonable officer-safety justification for the officer to frisk or handcuff and detain Defendant. In response, the State argued that the officer had an objectively reasonable suspicion that Defendant had discarded a firearm in a public place. "For police officers to make a stop, they must reasonably suspect-based on specific and articulable facts-that the person committed a specific crime or type of crime or was about to commit a specific crime or type of crime." State v. Maciel-Figueroa, 361 Or 163, 182, 389 P3d 1121 (2017). The Court of Appeals held that under the totality of the circumstances, the officer had an objectively reasonable suspicion that Defendant had discarded a firearm in the immediate vicinity to sufficiently support an investigatory stop. Affirmed.