Oregon v. Miller

Police initially suspected defendant William Miller was driving under the influence, and stopped his car. The officer asked defendant for his identification and returned to his own car to conduct a records check. The officer walked back to defendant and asked if he had a firearm with him. In response, defendant indicated that he “had a knife on his boot, or leg.” The officer removed two knives from defendant’s boot. The officer then administered field sobriety tests to defendant. He ultimately determined that defendant was not intoxicated but cited defendant for carrying a concealed weapon. Defendant moved to suppress the evidence that the officer had obtained as a result of his question about weapons. Defendant argued to the trial court that the officer’s question had unlawfully extended the stop because the officer did not possess a “reasonable suspicion, based upon specific and articulable facts,” that defendant posed an “immediate threat of serious physical injury.” In support of that argument, defendant elicited testimony from the officer that nothing about defendant’s conduct during the encounter had caused the officer to be concerned for his safety. The Court of Appeals agreed with defendant and reversed his conviction, emphasizing that nothing about defendant’s conduct during the encounter gave the officer a reason to be concerned for his safety. The Oregon Supreme Court concluded the officer in this case perceived a circumstance-specific of danger based on his explanation of the risk of performing late-night field sobriety tests on a person whom the officer reasonably suspected was intoxicated. The Court also concluded the state met its burden to prove that the officer’s perception of danger and decision that a question about firearms was necessary were objectively reasonable. View "Oregon v. Miller" on Justia Law