- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 05-28-2015
- Case #: A152112
- Judge(s)/Court Below: Sercombe, P.J., for the Court; Hadlock, J; & Mooney, J. pro tempore.
- Full Text Opinion
Defendant appealed a conviction of unlawful possession of methamphetamine, contending that the trial court erred in denying his motion to suppress. Defendant argued that the evidence was found as a result of an unlawful stop. The Court held that the trial court did not err in determining that the police officer in this case had reasonable suspicion to make a lawful stop when taking into consideration the totality of the circumstances, including Defendant’s unusual behavior in leaving the vehicle when it was stopped, Defendant's past association with methamphetamine, the driver’s drug history, Defendant’s symptoms of recent drug use, and Defendant's “indexing” behavior. Therefore, the Court found, the officer's decision to make a stop was based on his experience and knowledge leading to specific and articulable facts for said reasonable suspicion. Affirmed.