State v. Craft

206 P.3d 1220, 228 Or. App. 245, 2009 Ore. App. LEXIS 341

• Court: Court of Appeals of Oregon
• Decided: April 29, 2009
• Docket: 061136575; A135477
• Status: Published

Opinion

PER CURIAM

Defendant appeals a judgment of conviction for carrying a concealed weapon, ORS 166.240, and unlawful possession of methamphetamine, ORS 475.894. He assigns error to the trial court’s denial of his motion to suppress evidence obtained from a traffic stop, during which a police officer asked defendant about the presence of weapons without having reasonable suspicion that defendant possessed weapons. Defendant argues that that questioning violated Article I, section 9, of the Oregon Constitution and the Fourth Amendment to the United States Constitution, and that, as a consequence, the trial court should have suppressed the evidence that resulted from his answers to the officer's questions about weapons.

We conclude that the circumstances here are indistinguishable from those presented in our decisions in State v. Kirkeby, 220 Or App 177, 185 P3d 510, rev allowed, 345 Or 301 (2008), and State v. Rodgers, 219 Or App 366, 182 P3d 209, rev allowed, 345 Or 301 (2008). See also State v. Weil, 225 Or App 65, 200 P3d 164 (2008) (reversing and remanding under Kirkeby and Rodgers denial of motion to suppress where officer asked defendant early in traffic stop about presence of weapons without reasonable suspicion). Hence, we conclude that Kirkeby and Rodgers are controlling and that, based on those decisions, the trial court erred under Article I, section 9, in denying defendant’s motion to suppress.

Reversed and remanded.