State v. Murphy

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Law
• Date Filed: 09-10-2015
• Case #: A152609
• Judge(s)/Court Below: Egan, J. for the Court; Armstrong; & Edmonds

Police officer’s subjective belief that Driver had violated ORS 811.315 (obstructing the flow of traffic) by driving in the left lane at 32 MPH in a 35 MPH zone is objectively unreasonable. Reversed and remanded.

Defendant appealed conviction for DUII, which resulted after Police Officer pulled Defendant over for impeding the “normal and reasonable flow of traffic” by driving in the left lane at a speed of 32 MPH in a 35 MPH zone.

The trial court ruled that Police Officer’s subjective belief given the circumstances was reasonable, and denied Defendant’s motion to suppress evidence found due to the traffic stop.

The Court held that, given the time of night and Defendant’s speed, it was not objectively reasonable to stop him. Reversed and remanded.

Share Subscribe