State v. Rhyne

417 P.3d 422, 290 Or. App. 827
CourtCourt of Appeals of Oregon
DecidedMarch 21, 2018
DocketA158117
StatusPublished
Cited by1 cases

This text of 417 P.3d 422 (State v. Rhyne) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Rhyne, 417 P.3d 422, 290 Or. App. 827 (Or. Ct. App. 2018).

Opinion

DeVORE, P.J.

*424*828Defendant appeals from a judgment of conviction for delivery of methamphetamine, ORS 475.890(2). The trial court had denied his motion to suppress evidence obtained from defendant at the scene of a drug purchase arranged by a police informant. Defendant assigns error to the denial of the motion, arguing that an officer unlawfully extended a seizure of his person without reasonable suspicion as to him. He argues that an unlawful extension, together with an unlawful seizure from him of a knife, rendered inadmissible his subsequent disclosure of methamphetamine in his pocket. We conclude that detectives had reasonable suspicion that defendant was involved in a drug sale and that an unlawful seizure of his knife did not invalidate his disclosure of his possession of methamphetamine. We affirm.

When reviewing a denial of a motion to suppress, we are bound by the trial court's findings of fact that are supported by evidence in the record. State v. Stevens , 311 Or. 119, 126, 806 P.2d 92 (1991). If the trial court did not make findings on all facts and if there is evidence from which those facts could be decided more than one way, we will presume that the trial court found facts in a way consistent with its ultimate conclusion. Id . at 127, 806 P.2d 92 (citing Ball v. Gladden , 250 Or. 485, 487, 443 P.2d 621 (1968) ).

On February 5, 2013, detective Scriven assisted detective Hansen in a "controlled buy-bust" that was arranged with the help of a confidential informant. Their target was Collier, from whom the informant had planned to buy 1.7 to 1.8 grams of methamphetamine. The detectives expected that someone, in addition to Collier, might be present because Collier said he would get a ride from someone to the site of the sale. Shortly before the sale, the meeting site changed a couple of times. The parties eventually settled on a Bi-Mart parking lot. There, the detectives spotted a car with a woman in the driver's seat and defendant in the front passenger seat. They saw Collier emerge from the back seat of the car and pace around some distance from the car, while making cell phone calls to the informant. Hansen called Burge, a nearby detective, to intercept Collier. Scriven and *829Hansen approached to talk to the driver and defendant in the car.

Based on his experience and training, Scriven believed it was common for multiple people to be present at drug transactions. He was not surprised that others accompanied Collier, because he knew that other persons either provide transportation or are the dealer from whom the drug seller gets the drugs. The person delivering the drugs may not possess the drugs. That is, the "main guy doesn't want to just give up the drugs until he has the money so he'll ride with [a 'middle-man'] so he doesn't get ripped off."

Hansen absolutely "expected" that defendant was involved in the drug transaction because he was present in the car. Hansen suspected that defendant might be involved, as he explained later:

"It's also common for individuals to be a middle man, what we refer to as a middle man, so a drug dealer won't let his drugs, you know, go out of his sight so sometimes a drug dealer will go with the person who is a middle man, and then also people weigh their drugs in cars and use their drugs in cars, things like that. That's why we were interested in the vehicle."

Hansen allowed that he was not "completely sure at the time," but he suspected that defendant's presence meant that Collier was a "middle-man." Explaining that the volume of methamphetamine had something to do with it, Hansen later testified:

"A. Well, obviously, drugs are expensive and we were buying 1.8 grams, so that's a good amount of money, so what the drug dealer, depending on their trust basis, the drug dealer will sometimes let their drugs walk but generally-
"Q. When you say 'walk,' what do you mean?
"A. Like they'll give them to somebody to take it to whoever else and then they *425expect that person to bring the money back.
"Q. Okay.
"A. So they can get ripped off easily because the drugs go away and then the person doesn't necessarily have to *830bring their money back, so that's a middle man. So the middle man person isn't necessarily holding on to the quantity of drugs that are being ordered, so they have to go to somebody that is holding that amount, which the person that's buying the drugs doesn't have that connection and so that middle man person, quote unquote, is the connection.
"Q. So under that theory, and we're not saying it necessarily even happened, under that theory you're saying Mr. Collier would be the middle man?
"A. Correct.
"Q. Collier makes the arrangement but Mr. Collier isn't someone who is trustworthy so another individual might accompany Mr. Collier to keep an eye on things?
"A. Correct.
"* * * * *
"Q. And you said you weren't totally sure but is that what you suspected in this case was you suspected the driver and the passenger?
"A. I suspected that they were absolutely involved because they were waiting in the parking lot. They changed their location that many times. It's pretty common with a drug dealer if he gets somebody to drive and they keep changing *** locations like that."

As Scriven approached the driver, Hansen approached defendant on the passenger side of the car. Hansen asked defendant to roll down his window. As the window started down, Hansen displayed his badge. Defendant rolled the window back up and moved his hands toward his waist. Concerned that defendant might have a weapon, Hansen opened the door and ordered defendant to get out of the car and show his hands-to show them free of weapons. At the hearing, Hansen explained that it was uncommon for people, when contacted by the police, to roll their window up and move their hands out of view. He said that people commonly carry weapons around their waist. Hansen did not want the driver or defendant to reach for weapons or destroy evidence.

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Related

State v. Shannon
345 Or. App. 292 (Court of Appeals of Oregon, 2025)

Cite This Page — Counsel Stack

Bluebook (online)
417 P.3d 422, 290 Or. App. 827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rhyne-orctapp-2018.