State v. Hallam

During a traffic stop, an officer is precluded from asking investigatory questions that are "unrelated to the original purpose of the investigation" and “without independent constitutional justification.” State v. Arreola-Botello, 365 Or 695, 712 (2019).

Defendant appealed a conviction for unlawful possession of methamphetamine. Defendant argued that deputies exceeded the scope of the traffic stop when they asked about drug use. In response, the State conceded that the subject matter limitation as stated in Arreola-Botello would be dispositive but argued that the issue was not preserved at trial. During a traffic stop, an officer is precluded from asking investigatory questions that are "unrelated to the original purpose of the investigation" and “without independent constitutional justification.” State v. Arreola-Botello, 365 Or 695, 712 (2019). The Court found that the deputy lacked reasonable suspicion to believe that the defendant had drugs. Thus, the Court held that there was a violation of defendant’s Article 1, section 9 rights. Reversed and remanded.