State v. Walker

372 P.3d 540, 277 Or. App. 397, 2016 WL 1452429, 2016 Ore. App. LEXIS 431
CourtCourt of Appeals of Oregon
DecidedApril 13, 2016
Docket12CR00909; A155126
StatusPublished
Cited by17 cases

This text of 372 P.3d 540 (State v. Walker) 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. Walker, 372 P.3d 540, 277 Or. App. 397, 2016 WL 1452429, 2016 Ore. App. LEXIS 431 (Or. Ct. App. 2016).

Opinions

HADLOCK, C. J.

Defendant appeals a judgment of conviction for possession of methamphetamine in violation of ORS 475.894. He raises a single assignment of error on appeal, arguing that the trial court erred when it denied his motion to suppress methamphetamine that a police officer found after he detained defendant to investigate suspected illegal drug activity. Defendant contends that the officer lacked reasonable suspicion of criminal activity and, therefore, acted unlawfully when he stopped defendant. We conclude that the officer had reasonable suspicion. Accordingly, we affirm.

We review the denial of a motion to suppress for legal error, and we are bound by the trial court’s implicit and explicit findings of historical fact as long as the record includes constitutionally sufficient evidence to support those findings. State v. Ehly, 317 Or 66, 75, 854 P2d 421 (1993). We state the facts below in keeping with that standard.

Shortly before 12 p.m., “dispatch” told Newberg Police Officer McCowan that a person had called to report a suspected drug deal in a parking lot near George Fox University. The informant gave dispatch his name and telephone number and explained why he believed that a drug deal was in process. The informant said that he had seen a white van driven by a woman pull into the parking lot and a man on a bicycle ride up and get into the van. Once inside the van, the man reportedly reached into his pants, pulled something out that he and the woman looked at while it was in the man’s lap, and then the man and woman “were smoking something” in the van. The informant described the van and said that the man who had been on the bicycle was wearing a red sweatshirt and a black hat. Dispatch gave that information to McCowan, who drove to the parking lot in response.

McCowan arrived at the parking lot within a minute or two after receiving the report from dispatch. When he arrived, defendant was still in the van, but he then got out and began walking toward his bicycle; at the same time, the woman in the van drove away. McCowan observed that defendant was wearing a red sweatshirt and a black hat, as the informant had reported. McCowan parked his patrol [399]*399car near defendant and questioned him about what had happened inside the van. Defendant refused McCowan’s request to search his person. Ultimately, McCowan learned that defendant was on probation and spoke with a municipal court judge, who ordered McCowan to search defendant. Defendant still refused to consent to the search; he then was arrested by another officer who had arrived at the parking lot. At that point, defendant acknowledged that he had methamphetamine in his pocket.

Defendant was charged with possession of methamphetamine. At the suppression hearing, the state conceded that McCowan had detained defendant at some point prior to the arrest, but it argued that the stop was justified because McCowan reasonably suspected that defendant had been engaged in illegal drug activity.1 In support of that theory, the state offered evidence of the information that McCowan had received from dispatch, as well as McCowan’s own observations of the situation in the parking lot. In addition, McCowan described his training, which included information about “[different habits of drug users and people that possess drugs, places they frequent, things like that.” McCowan also testified that, although he had been a police officer for less than two years, he had investigated drug crimes, he was familiar with “the ways and manners in which methamphetamine is used,” and he had encountered “the method of transferring methamphetamine or delivering methamphetamine from one person to another.” McCowan testified that the information he received from dispatch, relaying the informant’s observations, was consistent with his experience in “a way a drug deal happens.” He also testified that, when he encountered defendant in the parking lot, he suspected that defendant had been engaged in illegal drug activity.

The trial court denied defendant’s suppression motion, concluding that McCowan had reasonable suspicion that justified the stop. Defendant then waived his right to a jury trial, and the court found him guilty of methamphetamine possession after a stipulated-facts trial.

[400]*400On appeal, defendant argues that the trial court erred by denying his suppression motion because the state did not establish that McCowan had reasonable suspicion that defendant was engaged in criminal activity. Defendant acknowledges that McCowan properly could rely on the informant’s report because the informant had identified himself, the informant’s report was based on his personal observations of what happened in the parking lot, and McCowan’s own observations corroborated the informant’s report. See State v. Villegas-Varela, 132 Or App 112, 115, 887 P2d 809 (1994) (describing factors that inform the assessment of an informant’s reliability). Nonetheless, defendant argues, McCowan “could not reasonably rely on the informant’s con-clusory statement that he was witnessing a drug deal in forming reasonable suspicion.” The informant’s conclusion is not helpful to the reasonable-suspicion calculus, defendant asserts, because the record does not include evidence that the appearance of a drug deal is a matter of common knowledge. Defendant argues that—absent the informant’s assertion that he was witnessing a drug deal—the remaining information available to McCowan did not give him reasonable suspicion sufficient to justify his stop of defendant. Defendant concludes that the trial court should have granted his suppression motion because McCowan obtained the methamphetamine at issue as a direct result of the unlawful stop.

In response, the state asserts that “an assessment of all of the circumstances—the informant’s report, the officer’s own observations, and the officer’s training and experience”—establishes that McCowan had reasonable suspicion of criminal activity. We agree with the state.

We begin by reviewing basic principles regarding when police officers may conduct investigatory stops.

“Analytically, police-citizen encounters typically fall into one of three categories that correlate the degree of intrusiveness on a citizen’s liberty with the degree of justification required for the intrusion. At one end of the continuum are mere encounters for which no justification is required. At the other end are arrests, which involve protracted custodial restraint and require probable cause. In between are temporary detentions for investigatory purposes, often [401]*401termed ‘stops/ which generally require reasonable suspicion. Both stops and arrests are seizures for constitutional purposes, while less restrictive encounters are not.”

State v. Fair, 353 Or 588, 593-94, 302 P3d 417 (2013) (citations and footnote omitted).

The result in this case turns on a proper understanding of the “reasonable suspicion” standard, that is, what it means for an officer to reasonably suspect that an individual has committed, or is about to commit, a crime. That standard is “less than the standard of probable cause to arrest.” State v. Holdorf, 355 Or 812, 823, 333 P3d 982 (2014). Thus, an officer may have “reasonable suspicion” sufficient to justify an investigatory stop of a person even if the officer does not have sufficient reason to believe that it is probable

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Cite This Page — Counsel Stack

Bluebook (online)
372 P.3d 540, 277 Or. App. 397, 2016 WL 1452429, 2016 Ore. App. LEXIS 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-walker-orctapp-2016.