- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 09-01-2021
- Case #: A172543
- Judge(s)/Court Below: Shorr. J. for the Court; Ortega, P.J.; & Powers, J.
- Full Text Opinion
Defendant was convicted of unlawful possession of methamphetamine. In his appeal, he assigned error to the trial court’s denial of a motion to suppress evidence following a warrantless arrest because he was arrested with no probable cause to believe he bought drugs. Arrests must be supported by probable cause, probable cause is when an officer subjectively believes that a crime has been committed and the person arrested has committed it, subjective belief must be objectively reasonable. This is a “close case” aside from the “ambiguous handshake” the Officer did not have much of a reason to believe a drug sale occurred. The area was open to the public, the handshake was used in other circumstances, and there was no furtive or suspicious behavior, based on the totality of circumstances, there was not probable cause. Reversed and remanded.