Oregon Supreme Court, December 9, 2021
by: Rankin Johnson • December 10, 2021 • no comments
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Police stopped defendant by asking if he had just bought drugs from a man in an alleyway. Trial court and Court of Appeals reversed. | Police stopped defendant by asking if he had just bought drugs from a man in an alleyway. Trial court and Court of Appeals reversed. | ||
| − | The court declined to create a bright-line test to determine when questioning became coercive enough to constitute a stop. In finding that the questioning in this case was coercive, the court reasoned that, by asking defendant if he possessed drugs, and asking for permission to search when he received a denial, the stopping officer conveyed that he was investigating defendant for a crime. | + | The court declined to create a bright-line test to determine when questioning became coercive enough to constitute a stop. In finding that the questioning in this case was coercive, the court reasoned that, by asking defendant if he possessed drugs, and asking for permission to search when he received a denial, the stopping officer conveyed that he was investigating defendant for a crime. Because the stopping officer lacked reasonable suspicion, the stop was unlawful. |
[https://link.ocdla.org/soll/S068223 State v. Reyes-Herrera] 369 Or 54 (December 9, 2021) (Walters) (Washington County, Butterfield) | [https://link.ocdla.org/soll/S068223 State v. Reyes-Herrera] 369 Or 54 (December 9, 2021) (Walters) (Washington County, Butterfield) | ||
{{wl-publish: 2021-12-10 09:40:08 -0800 | Rankinjohnsonpdx@gmail.com:Rankin Johnson }} | {{wl-publish: 2021-12-10 09:40:08 -0800 | Rankinjohnsonpdx@gmail.com:Rankin Johnson }} | ||
Latest revision as of 12:36, December 11, 2021
Summarized by Rankin Johnson, OCDLA
SEARCH AND SEIZURE - Coercive questioning
Importance: 4/5
Police stopped defendant by asking if he had just bought drugs from a man in an alleyway. Trial court and Court of Appeals reversed.
The court declined to create a bright-line test to determine when questioning became coercive enough to constitute a stop. In finding that the questioning in this case was coercive, the court reasoned that, by asking defendant if he possessed drugs, and asking for permission to search when he received a denial, the stopping officer conveyed that he was investigating defendant for a crime. Because the stopping officer lacked reasonable suspicion, the stop was unlawful.
State v. Reyes-Herrera 369 Or 54 (December 9, 2021) (Walters) (Washington County, Butterfield)
