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State v. Jones

Summarized by: 

Date Filed: 08-31-2011
Case #: A140767
Schuman, P.J. for the Court; Wollheim, J.; & Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A140767.pdf

Criminal Procedure: An officer requesting identification is not enough to amount to a stop because a reasonable person would not perceive it as a show of authority; so long as a reasonable suspicion of criminal activity begins before a stop does, it is legal.

Defendant (“D”) appeals a conviction for delivery of methamphetamine. He cites as error the trial court’s denial of his motion to suppress the arresting officer’s discovery of drugs, arguing it was the result of an illegal stop. The officer saw D behind the wheel of his parked car and asked for his ID. D presented an Oregon State Penitentiary inmate card. The officer called dispatch and found D’s license was suspended, arrested him, and found the drugs in the subsequent search. D argues that the stop was illegal because it occurred before the officer developed a reasonable suspicion of criminal activity. The Court reasoned that a stop only begins when the officer’s words would be perceived as a show of authority that restricts freedom of movement, and that asking for ID is insufficient; the stop began when D heard the officer dispatch for more information. Further, because D did not present a valid driver’s license, it was reasonable for the officer to suspect that his license was suspended. Finally, because he saw the ID and formed a suspicion before the stop began, the stop was legal. Affirmed.