State v. Smith

“Under Article I, section 9, of the Oregon Constitution, two components comprise probable cause: an officer must subjectively believe that a crime has been committed and thus that a person or thing is subject to seizure, and this belief must be objectively reasonable in the circumstances.” State v. Vasquez-Villagomez, 346 Or 12, 23, 203 P3d 193 (2009).

Defendant appealed his conviction for possession of cocaine. Defendant assigned error to the trial court’s denial of his motion to suppress all evidence found as the result of an unlawful arrest. On appeal, defendant argued that the arresting officer lacked probable cause. In response, the state argued that defendant invited the error and also that the officer had reasonable suspicion to justify the arrest. “Under Article I, section 9, of the Oregon Constitution, two components comprise probable cause: an officer must subjectively believe that a crime has been committed and thus that a person or thing is subject to seizure, and this belief must be objectively reasonable in the circumstances.” State v. Vasquez-Villagomez, 346 Or 12, 23, 203 P3d 193 (2009). The Court of Appeals held that the officer did not have probable cause to justify the arrest. Reversed.