Oregon Supreme Ct - July 9, 2015
by: Abassos • July 9, 2015 • no comments
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| − | * | + | *Traffic Stops - An Officer May Not Inquire About Weapons As a Matter of Course |
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| − | + | Traffic Stops - An Officer May Not Inquire About Weapons As a Matter of Course | |
An officer may not inquire about weapons during a routine traffic stop unless (1) it is reasonably related to and reasonably necessary to effectuate the stop, (2) there is reasonable suspicion of an immediate threat of serious physical injury to the officer, or (3) reasonable suspicion of a crime has developed. The court rejects the state's argument that an inquiry regarding weapons is reasonably necessary to effectuate every stop and, therefore, always permissible. For a weapons inquiry conducted in the course of a traffic investigation to be reasonably related to that investi- gation and reasonably necessary to effectuate it, an officer must have reasonable, circumstance-specific concerns for the officer’s safety or the safety of other persons who are present. | An officer may not inquire about weapons during a routine traffic stop unless (1) it is reasonably related to and reasonably necessary to effectuate the stop, (2) there is reasonable suspicion of an immediate threat of serious physical injury to the officer, or (3) reasonable suspicion of a crime has developed. The court rejects the state's argument that an inquiry regarding weapons is reasonably necessary to effectuate every stop and, therefore, always permissible. For a weapons inquiry conducted in the course of a traffic investigation to be reasonably related to that investi- gation and reasonably necessary to effectuate it, an officer must have reasonable, circumstance-specific concerns for the officer’s safety or the safety of other persons who are present. | ||
Revision as of 21:04, July 10, 2015
Traffic Stops - An Officer May Not Inquire About Weapons As a Matter of Course
An officer may not inquire about weapons during a routine traffic stop unless (1) it is reasonably related to and reasonably necessary to effectuate the stop, (2) there is reasonable suspicion of an immediate threat of serious physical injury to the officer, or (3) reasonable suspicion of a crime has developed. The court rejects the state's argument that an inquiry regarding weapons is reasonably necessary to effectuate every stop and, therefore, always permissible. For a weapons inquiry conducted in the course of a traffic investigation to be reasonably related to that investi- gation and reasonably necessary to effectuate it, an officer must have reasonable, circumstance-specific concerns for the officer’s safety or the safety of other persons who are present.
