State v. Keller

Under Article 1, section 9 of the Oregon Constitution, an out of state officer lacks the authority to stop a suspect in Oregon, as the out of state officer acts beyond his jurisdiction to exercise his lawful authority.

Defendant appeals judgment for conviction for driving under the influence of intoxicants, ORS 813.010. A Washington State Trooper stopped Defendant in Oregon for a traffic violation committed in Washington. The Court held that the Washington Trooper’s stop was without lawful authority and violated Article 1, section 9, of the Oregon Constitution. Article 1, section 9, requires that evidence must be obtained in a manner that comports with the protections given to the individual. The Washington State Trooper lacked authority to stop the defendant in Oregon. A police officer generally has no authority to act outside the governmental unit employing the officer. The Washington State Trooper acted without authority of the law because as an out-of-state officer he lacked authority to act in Oregon. Reversed and remanded.