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Petitions for Review

Oregon Supreme Court
Jan 1, 1998
327 Or. 521 (Or. 1998)
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Summary

holding that no reasonable suspicion existed to justify search for officer safety despite the officer's testimony that the defendant was exhibiting unusually nervous behavior and the officer's observation of a jacket laying next to the defendant on the passenger seat, because no weapons were visible, the defendant did not make any movements toward the jacket as if to retrieve a weapon for immediate use, and even if the officer suspected the defendant was under the influence of drugs, nothing in the defendant's behavior suggested aggression or hostility toward the officer

Summary of this case from State v. Rodriguez-Perez
See 6 Summaries

Opinion

1998.

Summaries of

Petitions for Review

Oregon Supreme Court
Jan 1, 1998
327 Or. 521 (Or. 1998)

holding that no reasonable suspicion existed to justify search for officer safety despite the officer's testimony that the defendant was exhibiting unusually nervous behavior and the officer's observation of a jacket laying next to the defendant on the passenger seat, because no weapons were visible, the defendant did not make any movements toward the jacket as if to retrieve a weapon for immediate use, and even if the officer suspected the defendant was under the influence of drugs, nothing in the defendant's behavior suggested aggression or hostility toward the officer

Summary of this case from State v. Rodriguez-Perez

rejecting the defendant's argument that the state failed to prove venue in Lane County where the evidence at trial established venue under ORS 131.315

Summary of this case from State v. Duff

explaining that the officer's belief that the defendant was in a gang and knowledge of behavior he knew to be associated with motorcycle gangs through training and experience was insufficient to give rise to reasonable suspicion until bolstered by the officer's observation of the defendant's "unusual and disconcerting" behavior

Summary of this case from State v. Tapp

stating that, "even if the evidence could give rise to a reasonable suspicion that [the defendant] was under the influence of marijuana, it is not a crime to possess less than an ounce of marijuana; it is only a violation" and thus the facts did not "give rise to a reasonable inference that defendant had committed a crime"

Summary of this case from State v. Maciel-Figueroa

exercising discretion to correct an error apparent on the record where no evidence supported the conviction

Summary of this case from State v. Reynolds

noting that an arrestee who "appeared nervous" and kept "looking around and sweating" gave rise to a reasonable officer-safety concern

Summary of this case from State v. Sopiwnik
Case details for

Petitions for Review

Case Details

Full title:PETITIONS FOR REVIEW

Court:Oregon Supreme Court

Date published: Jan 1, 1998

Citations

327 Or. 521 (Or. 1998)
971 P.2d 408

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