State v. O’Dell

The officer-safety exception to the warrant requirement applies when officers face an “objectively reasonable threat.” State v. Kennedy, 284 Or App 268, 272-73, 392 P3d 382 (2017). “To be objectively reasonable, the state must prove that ‘the officer’s safety concerns [are] based on facts specific to the particular person searched, not on intuition or a generalized fear that the person may pose a threat to the officer’s safety.” State v. Smith, 277 Or App 298, 303, 373 P3d 1089, rev den, 360 Or 401 (2016).

Defendant appealed his conviction for unlawful possession and delivery of a Schedule II controlled substance. Defendant assigned error to the trial court’s denial of Defendant’s motion to suppress evidence found under the officer-safety exception to the warrant requirement. On appeal, Defendant argued that the police’s seizure of Defendant was improper because the officer-safety exception did not apply. In response, the State argued the exception applied when the totality of the circumstances were considered. The officer-safety exception to the warrant requirement applies when officers face an “objectively reasonable threat.” State v. Kennedy, 284 Or App 268, 272-73, 392 P3d 382 (2017). “To be objectively reasonable, the state must prove that ‘the officer’s safety concerns [are] based on facts specific to the particular person searched, not on intuition or a generalized fear that the person may pose a threat to the officer’s safety.” State v. Smith, 277 Or App 298, 303, 373 P3d 1089, rev den, 360 Or 401 (2016) (internal quotation marks omitted).  The Court of Appeals held the police officer’s belief of danger was not objectively reasonable under the totality of the circumstances. Reversed.