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Oregon Court of Appeals


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State v. Faubion

Summarized by: 

Date Filed: 08-14-2013
Case #: A147053
Ortega, P.J., and Haselton, C.J., and De Muniz, S.J. for the Court.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A147053.pdf

Criminal Procedure: An officer is permitted to verify the accuracy of information obtained during a stop, even when there is a lawful explanation of the behavior.

Defendant was a passenger in a car that was stopped for having an obstructed license plate in an area known for drug and alcohol use.  The police officer requested identification from the driver, smelled alcohol in the car, the front seat passenger appeared to be under the influence of stimulants, and all passengers appeared to be between 18 and 25. The officer determined that he had reasonable suspicion to investigate the crimes of minor in possession of alcohol and furnishing alcohol to a minor.  He obtained identification from all passengers in the car and a warrants check revealed that defendant was on felony probation that included a no-alcohol clause.  Defendant consented to a search and the officer found methamphetamine.  Defendant argued that the reason for the original stop dissipated when the officer learned that the defendant was 23 and not a minor in possession of alcohol. The court disagreed, holding that the officer had reasonable suspicion to continue the investigation based on the totality of the circumstances. An officer is permitted to verify the accuracy of information obtained even when a lawful explanation is given.  Affirmed.