- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 12-16-2020
- Case #: A169343
- Judge(s)/Court Below: Ortega, P. J., and Shorr, J., and Powers, J.
- Full Text Opinion
Defendant appealed a conviction for felon in possession of a firearm. Defendant argued that the trial court erred in denying a motion to suppress. Defendant asserted that the officer exceeded the scope of the traffic stop because the drug investigation was not supported by reasonable suspicion. In response, the State argued that the officer had reasonable suspicion to conduct a drug investigation. 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 facts that while Defendant had a large amount of money, had just left a Motel, and had acted nervous, these did not establish an objective basis for reasonable suspicion. Thus, the Court held that the trial court erred when it denied defendant’s motion to suppress. Reversed and remanded.