State v. Miller

Article I, Section 9, prohibits “unreasonable” searches and seizures. A “stop” is a type of seizure that amounts to a “temporary detention” conducted “for investigatory purposes.” Maciel-Figueroa, 361 Or at 169-70. A stop must be justified by a reasonable suspicion of criminal activity. State v. Rodgers/Kirkeby, 347 Or 610, 621, 227 P3d 695 (2010).

Defendant appealed from a judgment of conviction for unlawful possession of methamphetamine. Defendant assigned error to the trial court’s denial of his motion to suppress evidence. On appeal, Defendant argued that he was unlawfully stopped by the investigating officer, who lacked reasonable suspicion of illegal drug possession. In response, the State argued in the inverse. Article I, Section 9, prohibits “unreasonable” searches and seizures. A “stop” is a type of seizure that amounts to a “temporary detention” conducted “for investigatory purposes.” Maciel-Figueroa, 361 Or at 169-70. A stop must be justified by a reasonable suspicion of criminal activity. State v. Rodgers/Kirkeby, 347 Or 610, 621, 227 P3d 695 (2010). The Court found that reasonable suspicion exists when an officer subjectively believes that a person has or is about to commit a crime, and when that belief is objectively reasonable in light of the totality of the circumstances existing at the time of the stop. Considering observations of a, “loaded” syringe, rolled up sleeve, butane lighter, and the Defendant’s inconsistent explanations, the Court held that circumstances gave the investigating officer had reasonable suspicion the Defendant possessed illegal drugs. The trial court did not err in denying the motion to suppress. Affirmed.