State v. South

“Law enforcement may constitutionally extend a traffic stop as long as the officer’s inquiries are ‘reasonably related’ to the traffic stop.” State v. Aguirre-Lopez, 291 Or App 78, 84-85, 419. P3d 751 (2018). In State v. Miller, two issues were addressed: "(1) whether an officer’s circumstance-specific perception of danger can be based entirely on circumstances that are not particular to the determined person; and (2) what a reviewing court considers to determine whether the state has proved that the officer’s perception and decision were objectively reasonable.” State v. Miller, 343 Or 374, 383, 422, P3d 240 adh’d to as modified on recons, 363 Or 742, 428 P3d 899 (2018).

Defendant appealed a judgment of conviction for unlawful possession of methamphetamine (ORS 475.894(1)). Defendant assigned error to the trial court’s denial of his motion to suppress evidence that police acquired, weapons and meth, when they acted beyond the traffic stop and inquired about the presence of weapons and asked to search the vehicle. On appeal, Defendant continued to argue that the police officer that stopped him did so unlawfully, extending the traffic stop when he asked: (1) if there were any weapons in his vehicle and (2) requested Defendant’s permission to search the vehicle. In response, the officer testified that to meet the first criteria, he cites that Defendant did not immediately pull over, he exhibited unusual fidgeting behavior, and he volunteered that he had been arrested just days prior for carrying a concealed handgun. “Law enforcement may constitutionally extend a traffic stop as long as the officer’s inquiries are ‘reasonably related’ to the traffic stop.” State v. Aguirre-Lopez, 291 Or App 78, 84-85, 419. P3d 751 (2018). In State v. Miller, two issues were addressed: "(1) whether an officer’s circumstance-specific perception of danger can be based entirely on circumstances that are not particular to the determined person; and (2) what a reviewing court considers to determine whether the state has proved that the officer’s perception and decision were objectively reasonable.” State v. Miller, 343 Or 374, 383, 422, P3d 240 adh’d to as modified on recons, 363 Or 742, 428 P3d 899 (2018). The Court held that the officer’s training and experience, the “evasive” answers to the officers questions, and the officer's request to search the vehicle, “[were] measured and reasonable response[s] to [the officer's] perceived threat of harm, and the trial court, therefore, did not err in denying Defendant’s motion to suppress.”

Affirmed.