State v. Morris

“A stop is lawful if the officer had an actual subjective belief that the person stopped committed a specific crime or was about to commit a specific crime, and the officer’s subjective belief was objectively reasonable based on the totality of the circumstances at the time of the stop.” State v. Maciel-Figueroa, 361 Or. 163, 165-6 (2017).

Defendant was detained after being questioned about a backpack he allegedly found. Defendant appealed the denial of his motion to suppress. Defendant argued that the officer did not have reasonable suspicion to detain him. The State argued that the officer had sufficient reason to suspect criminal activity and could make a lawful stop. “A stop is lawful if the officer had an actual subjective belief that the person stopped committed a specific crime or was about to commit a specific crime, and the officer’s subjective belief was objectively reasonable based on the totality of the circumstances at the time of the stop.” State v. Maciel-Figueroa, 361 Or. 163, 165-6 (2017). The Court found that the stop occurred when the officer told Defendant he had committed the theft of mislaid property. The Court reasoned that the high crime location and the conversation prior to the stop supported the officer's “reasonable suspicion” that Defendant had committed a crime. The Court concluded the officer made a lawful stop and the motion to suppress was “correctly denied.” Affirmed.