Willamette Law Online

Oregon Court of Appeals


ListPreviousNext


State v. Moresco

Summarized by: 

Date Filed: 06-13-2012
Case #: A144016
Brewer, P.J. for the Court; and Haselton, C.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A144016.pdf

Criminal Law: A violation of ORS 162.385, the crime of giving false information to a police officer, requires a showing that the person knowingly gives a fictitious name, address or date of birth to a police officer, and the officer asked for the information for the purpose of arresting the person on a warrant.

Defendant appealed a conviction for giving false information to a police officer under ORS 162.385(1)(b). She argued that the trial court erred because a reasonable trier of fact could not have concluded that the reason the officer asked for Defendant's name was to arrest her based on a warrant. Defendant was stopped for riding a bicycle without a light, and when asked, gave the officer a false name, and date of birth. The officer discovered her real name, and found that there was an outstanding warrant for her arrest, and she was subsequently arrested. The Court of Appeals examined ORS 162.385(1)(b) and found that the statute requires that an officer request identification from a person for the purpose of arresting that person on a warrant. The Court noted that the arresting officer was not aware of Defendant's warrant when he asked her for her identification, so the request could not have been for the purpose of arresting Defendant on a warrant. Reversed.