State v. Lawson

"To have probable cause, an officer must subjectively believe that a violation has occurred, and that belief must be objectively reasonable under the circumstances." State v. Stookey, 255 Or App 489, 491, 297 P3d 548 (2013).

Defendant appealed a judgment of conviction for possession of methamphetamine and driving under the influence. Defendant assigned error to the trial court's denial of his motion to suppress evidence. On appeal, Defendant argued the lack of a rearview mirror on his windshield, with mirrors on the sides of the vehicle, did not give an officer probable cause for an ORS 815.235 violation. In response, the State argued that the officer had probable cause for the stop because the side mirrors were not sufficient to comply with ORS 815.235 and because the officer had a reasonable belief that the Defendant tried to elude him in violation of ORS 811.540. "To have probable cause, an officer must subjectively believe that a violation has occurred, and that belief must be objectively reasonable under the circumstances." State v. Stookey, 255 Or App 489, 491, 297 P3d 548 (2013). The Court held that the language of ORS 815.235 did not provide the deputy an objectively reasonable basis for his belief that there was a violation of ORS 815.235, and further found that the State's arguments were inconsistent with trial court findings and could not serve to justify the stop of Defendant's vehicle. However, the Court determined that the trial court must determine whether there was probable cause to believe Defendant attempted to elude the officer. Vacated and remanded for further proceedings.