State v. Harrop

“Probable cause exists if, at the time of the stop, the officer subjectively believes that [an] infraction [has] occurred and if that belief is objectively reasonable under the circumstances.” State v. Isley, 182 Or App 186, 190, 48 P3d 179 (2002).

The State appealed an order granting Defendant’s motion to suppress evidence. The State assigned error to the trial court’s determination that the arresting officer lacked probable cause to believe the defendant violated ORS 811.130 by impeding traffic. On appeal, the State argued that probable cause was established because the arresting officer had an "objectively reasonable" belief that Defendant was blocking a full lane of traffic. In response, Defendant argued that there was ample room for other cars to go around him as to not impede traffic. “Probable cause exists if, at the time of the stop, the officer subjectively believes that [an] infraction [has] occurred and if that belief is objectively reasonable under the circumstances.” State v. Isley, 182 Or App 186, 190, 48 P3d 179 (2002). The Court held that the arresting officer did have probable cause because Defendant stopped his car in what the officer perceived as a traffic lane; that perception was objectively reasonable because other cars had to drive into the oncoming lane.

Reversed and remanded.