State v. Whitelock

“To be objectively reasonable, ‘the officer’s safety concerns must be based on facts specific to the particular person searched, not on intuition or a generalized fear that the person may pose a threat to the officer’s safety’”. State v. Davis, 282 Or App 660, 667 (2016).

Defendant appealed a judgement of conviction for felon in possession of a restricted weapon, under ORS 166.270(2). Defendant assigned error to the trial court, arguing they erred in denying his motion to suppress evidence from an officer-safety search because the officer’s suspicion that Defendant was an immediate threat was not objectively reasonable. “To be objectively reasonable, ‘the officer’s safety concerns must be based on facts specific to the particular person searched, not on intuition or a generalized fear that the person may pose a threat to the officer’s safety’”. State v. Davis, 282 Or App 660, 667 (2016). The Court reasoned that, based on a totality of circumstances, the facts support Defendant’s position because his actions and demeanor at the scene show compliance with the officer’s instructions even though he was distraught after the accident. Therefore, the trial court erred in denying Defendant’s motion to suppress. Reversed and remanded.