Oregon Supreme Ct - July 9, 2015

by: Abassos • July 9, 2015 • no comments

Non-Criminal Stops - An Officer May Not Inquire About Weapons Unless There's Reasonable Suspicion of an Immediate Threat

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.