- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 01-25-2012
- Case #: A138276
- Judge(s)/Court Below: Brewer, C.J. for the Court; Haselton, P.J.; Armstrong, J.
- Full Text Opinion
The state petitioned for reconsideration of State v. Smith, based on the Oregon Supreme Court’s decision in State v. Ashbaugh. In this case, a police officer requested that the defendant step out of his vehicle. While he was stepping out, the officer asked whether he had anything illegal on his person. The defendant replied that he had a pipe and crack cocaine. The Court of Appeals reversed the trial court's conviction because the defendant did not feel he was free to leave, and that belief was objectively reasonable. Subsequently, the Supreme Court decided State v. Ashbaugh, which abandoned the subjective component and held that a seizure occurs when law enforcement intentionally and significantly restricts, interferes, or deprives an individual of their liberty or freedom and this belief is reasonable under the totality of the circumstances. Hence under Ashbaugh, a seizure occurs if an officer manifests a “show of authority” that restricts an individual’s “freedom of movement.” On review, the Court determined there was an insufficient show of authority by the officer, and a reasonable person would not believe that his or her freedom was restricted. Reconsideration granted; former opinion and disposition withdrawn; affirmed.