State v. Little

Probable cause has two components: (1) at the time of the stop, the officer must subjectively believe that a violation has occurred; and (2) that belief must be objectively reasonable under the circumstances. State v. Derby, 301 Or App 134, 138 (2019).

Defendant was pulled over after his back tire crossed over the fog line for “approximately 1.5 seconds” once, according to the State in violation of O.R.S. § 811.370(1)(a), and then cited for driving while suspended or revoked under O.R.S. § 811.182. Defendant assigned error to the trial court’s denial of his motion to suppress the fruits of the traffic stop, arguing his de minimis violation was not enough to support probable cause in order for him to be pulled over. Probable cause has two components: (1) at the time of the stop, the officer must subjectively believe that a violation has occurred; and (2) that belief must be objectively reasonable under the circumstances. State v. Derby, 301 Or App 134, 138 (2019). The Court held that a “momentary and minor lane deviation” is not a violation of O.R.S. § 811.370; the citing officer did not have probable cause to pull over Defendant; and the trial court erred in denying his motion to suppress. Examining the statute’s text, the Court afforded the words of section 811.370(1)(a) “their plain, natural, and ordinary meaning,” and with no evidence to the contrary, the statute’s plain terms indicated the legislature intended to provide some flexibility to drivers in complying with the statute. See State v. Gaines, 346 Or 160, 171-73 (2009); §811.370(1)(a) (Violation if driver does not “[o]perate the vehicle as nearly as practicable entirely within a single lane[.]” (emphasis added)). Reversed and remanded.