State v. Miller

Decision Date25 October 2018
Docket NumberSC S064136
Citation428 P.3d 899 (Mem),363 Or. 742
Parties STATE of Oregon, Petitioner on Review, v. William P. MILLER, Respondent on Review.
CourtOregon Supreme Court

Kali Montague, Deputy Public Defender, Office of Public Defense Services, Salem, filed the petition for reconsideration on behalf of respondent on review. Also on the petition was Ernest Lannet, Chief Defender.

No appearance contra.

Before Walters, Chief Justice, and Balmer, Kistler, Nakamoto, Flynn, and Nelson, Justices.**

FLYNN, J.

Defendant has petitioned for reconsideration of our decision in State v. Miller , 363 Or. 374, 422 P.3d 240 (2018), in which we held that the officer who was about to administer field sobriety tests to defendant during a lawful investigatory stop did not unlawfully extend the stop by asking if defendant was carrying a firearm because (1) the officer perceived a circumstance-specific danger and decided that an inquiry about weapons was necessary to address that danger; and (2) the officer’s perception and decision were objectively reasonable. Defendant correctly identifies a potential incongruity between our analysis, which listed among the circumstances giving rise to the officer’s objectively reasonable perception of danger his "specific basis to believe that defendant might be carrying a gun," and the text of footnote 2 of the opinion, which emphasized that the officer’s knowledge that defendant was licensed to carry a concealed handgun "plays no role in our legal analysis." Id. at 388, 377 n. 2, 422 P.3d 240.

We accordingly allow the petition for reconsideration and modify our opinion as follows:

Footnote 2 in the original opinion at page 377 is
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14 cases
  • State v. Sarmento
    • United States
    • Oregon Court of Appeals
    • March 27, 2019
    ...to effectuate a traffic stop."); see also State v. Miller , 363 Or. 374, 422 P.3d 240, modified and adh'd to on recons. , 363 Or. 742, 428 P.3d 899 (2018) (further articulating Jimenez standard when an officer makes a weapons inquiry); State v. Pichardo , 360 Or. 754, 759-60, 388 P.3d 320 (......
  • State v. Gilkey
    • United States
    • Oregon Court of Appeals
    • February 24, 2022
    ...a nuance on the weapons inquiry issue in State v. Miller , 363 Or. 374, 388-89, 422 P.3d 240, adh'd to as modified on recons. , 363 Or. 742, 428 P.3d 899 (2018) (internal citations omitted). There, the Oregon Supreme Court held that"[t]he issue we resolve is whether the officer's single que......
  • State v. Stevens
    • United States
    • Oregon Supreme Court
    • December 6, 2018
    ...and the question. Id. at 429, 353 P.3d 1227 ; see also State v. Miller , 363 Or. 374, 422 P.3d 240, adhered to as modified , 363 Or. 742, 428 P.3d 899 (2018) (applying Jimenez to a suspect stopped for driving under the influence).This court's decisions in Amaya and Thompkin fit comfortably ......
  • State v. Toll
    • United States
    • Oregon Court of Appeals
    • December 12, 2018
    ...417, 429-30, 353 P.3d 1227 (2015) ; see also State v. Miller , 363 Or. 374, 381, 422 P.3d 240, adh'd to as modified on recons , 363 Or. 742, 428 P.3d 899 (2018). Accordingly, we affirm. Whether an officer's actions effected an unlawful extension of a stop is a question of law, which we revi......
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2 books & journal articles
  • § 3.3 Lawful Warrantless Searches and Seizures
    • United States
    • Criminal Law in Oregon (OSBar) Chapter 3 Search and Seizure—without Warrants
    • Invalid date
    ...officer may search the citizen for weapons." State v. Miller, 363 Or 374, 376, 422 P3d 240, adh'd to as modified on recons, 363 Or 742, 428 P3d 899 (2018) (emphasis in original). An officer's questions about weapons during a lawful stop do not violate Article I, section 9, if "(1) 'the offi......
  • § 2.2 Oregon Statutory Definitions and Governing Provisions
    • United States
    • Criminal Law in Oregon (OSBar) Chapter 2 Stop and Frisk
    • Invalid date
    ...is based on reasonable suspicion to investigate a crime." State v. Miller, 363 Or 374, 381, 422 P3d 240, adh'd to on recons, 363 Or 742, 428 P3d 899 (2018). Police officers have statutory authority to frisk for weapons for officer-safety reasons if the officer reasonably suspects the stoppe......

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