State v. Olson
| Decision Date | 25 November 1992 |
| Citation | 842 P.2d 424,116 Or.App. 525 |
| Parties | STATE of Oregon, Respondent, v. Cheryl Marie OLSON, Appellant. 89-11-36456; CA A65257. |
| Court | Oregon Court of Appeals |
Ingrid A. MacFarlane, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.
Ann Kelly, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.
Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.
Defendant appeals her convictions on two counts of robbery I, ORS 164.415, two counts of burglary I, ORS 164.225, and one count of aggravated theft I, ORS 164.057, after trial to the court on stipulated facts after denial of her motion to suppress. She assigns error to the denial of that motion, and we reverse.
The facts are undisputed. On November 20, 1989, Deputy Barnum made a valid stop of a car with expired plates. The car delayed pulling over for more than two city blocks after he activated his car's overhead lights, and he noticed the driver and the female passenger (defendant) in the front seat bend over before the car stopped. There was also a female passenger in the rear seat.
Barnum testified that he did not "feel right" about the stop, because of the driver's delay in pulling over and the movements inside the car, and he, therefore, unsnapped the holster holding his service revolver. He asked the driver for his driver's license or proof of identification. The driver said that he had neither. When asked his name, the driver responded, "Ted Wright" and gave his birthdate. Barnum also asked for the automobile registration; the driver said that the car belonged to a friend, and defendant said that it was her brother's. Barnum then asked defendant for her license; she responded that she had none and added that her name was Cheri Marie Howe. Both the driver and defendant appeared to be nervous. The rear passenger was also unable to produce identification.
Barnum ran checks on the two names that the driver and defendant had given him and on the car. The check revealed no information relating to those names and no suspicion that the car was stolen. He arrested the driver for failure to present a driver's license and for having expired tags, frisked him and placed him in the patrol car. The driver then told Barnum that his real name was Loft and that he was an escapee from the state penitentiary.
Because Barnum was unwilling to release the car to defendant, who had no license, he went back to the car to determine her identification. She was then standing at the front of the car, and he told her not to move, but just to stand there. When she repeated that she did not have any identification, he frisked her and searched her purse. Barnum testified that, if defendant and the other passenger had been able to prove their identities, he would have released them. When the frisk and the search of defendant's purse produced nothing, he searched a bank bag and a paper bag on the floor of the car near the console and then the hatchback area. In the paper bag and the hatchback area, he found check stubs and checks issued in the names of Vera Cole and Eve Leek. Defendant and the other passenger denied that either of those names was theirs. After running a check, Barnum discovered that Vera Cole and Eve Leek had been the victims of a robbery two days earlier. Defendant was wearing a ring that matched the description of a ring stolen during the robbery, and she matched the description of one of the robbers. Barnum arrested her for robbery.
The trial court refused to suppress any of the evidence seized from defendant's person, purse and automobile, concluding that the search was justified, because Barnum had "the basis under these circumstances to ask for ID and to detain that citizen until that question was satisfied."
The initial question is when did the officer stop defendant. There is no dispute but that a passenger in an automobile must put up with some inconvenience and delay following a traffic stop without having been "stopped" in the legal sense. However, that is not this case. After the driver had been arrested and taken into custody, the officer went back to the car and told defendant not to move, frisked her and searched her purse for identification. At that point, defendant was not free to leave; she had been stopped. State v. Spenst, 62 Or.App. 755, 662 P.2d 5, rev. den. 295 Or. 447, 668 P.2d 383 (1983).
The next question is...
To continue reading
Request your trial
-
State v. Orman
...imposition on their ability to carry on with their movements without their constitutional rights being implicated. State v. Olson , 116 Or App 525, 528, 842 P.2d 424 (1992) ("There is no dispute but that a passenger in an automobile must put up with some inconvenience and delay following a ......
-
State v. Orman
... ... Passengers in ... vehicles that are stopped for traffic infractions face some ... inconvenience and imposition on their ability to carry on ... with their movements ... [322 Or.App. 719] without their constitutional rights being ... implicated. State v. Olson, 116 Or.App. 525, 528, ... 842 P.2d 424 (1992) ("There is no dispute but that a ... passenger in an automobile must put up with some ... inconvenience and delay following a traffic stop without ... having been 'stopped' in the legal sense."). In ... addition, many of the requests Henderson ... ...
-
Hause v. Motor Vehicles Div., CV-0591
...that fact could affect the court's decision on whether he possessed reasonable suspicion to stop petitioner. See State v. Olson, 116 Or.App. 525, 529, 842 P.2d 424 (1992); State v. Harris, 88 Or.App. 433, 745 P.2d 813 (1987), rev. den 305 Or. 103, 750 P.2d 497 (1988). The majority observes ......
-
State v. Woods, C-9301-30586
...car at some point and that the passengers would have had to get out of the car before that occurred. As we noted in State v. Olson, 116 Or.App. 525, 528, 842 P.2d 424 (1992), "a passenger in an automobile must put up with some inconvenience and delay following a traffic stop without having ......