- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 07-15-2020
- Case #: A167202
- Judge(s)/Court Below: Aoyagi, J. for the Court; Tookey, P.J.; & Sercombe, S.J.
- Full Text Opinion
Defendant appealed a conviction for identity theft. Defendant assigned error on the trial court’s denial for his motion to suppress physical evidence and incriminating statements. On appeal, Defendant argued that there was an unlawful stop because the police lacked reasonable suspicion that he committed any crime when stopped and that the police unlawfully extended the stop to identify one of the passengers. In response, the State argued that the Defendant presented a narrow argument and was therefore futile. “Knowing the identity of and the information to be provided by a witness to or a victim of a crime is as fundamental to our criminal justice system as is apprehension of a potential offender.” State v. Fair, 353 Or. 588 (2013). Additionally, reasonable suspicion that suspects are involved in illegal drug activity warrants further investigation. State v. Acuna, 264 Or. App. 158, 168-69 (2014). The Court found that although Defendant was not the primary suspect, it’s reasonable and necessary that all occupants in the vehicle were interviewed in connection with the matter before concluding the case. The Court thus held that the police had reasonable suspicion to investigate all occupants in the vehicle for drug crimes. Affirmed.