Oregon v. Jinenez
Annotate this CaseAn Oregon state trooper drove by a busy Portland intersection and noticed that, after he did so, defendant crossed the street against a “Don’t Walk” sign, a Class D violation under ORS 814.020(1) and (3). The trooper turned his car around and drove to a position near defendant, who was sitting on a bench at a bus stop. When defendant saw the trooper’s car approach, he got up and began to walk away. The trooper honked his horn and motioned to defendant to come and talk to him, which defendant did. The trooper knew that the intersection was in a high-crime area where a lot of recent gang activity had occurred. He observed that defendant was wearing an “oversized” or “puffy” jacket over a “hoodie sweatshirt,” “oversized baggy gray pants,” and “white tennis shoes,” and was carrying what could have been a green lanyard, garb that the trooper thought might indicate gang affiliation. Defendant replied that he had seen somebody else doing the same thing and “thought it was okay.” At that point, the trooper asked “do you have any weapons on you?” Defendant “kind of sighed and closed his eyes and said yes.” Defendant revealed that he was carrying a gun. Without being asked, defendant then separated his feet, leaned forward, separated his hands, and put his hands on the hood of the trooper’s car. The trooper frisked defendant, located the gun, and learned that defendant kept the gun for “protection” and that he was indeed a gang member. Defendant was taken to the police station where he was ultimately was charged with one count of unlawful possession of a firearm. Prior to trial, defendant filed a motion to suppress. The trial court denied the motion, and defendant was subsequently tried and convicted. Defendant appealed to the Court of Appeals, which reversed the circuit court judgment. On appeal to the Supreme Court, the State did not claim that the trooper’s inquiry was independently justified by reasonable suspicion that defendant ran afoul of Oregon's firearms laws. Nor did the state argue that the trooper’s inquiry in this case was justified by officer-safety. Rather, the state took issue with the Court of Appeals’ preliminary conclusion that a weapons inquiry was an investigation of an unrelated matter: the state argued that “questions about the presence of weapons are reasonably related to the safe investigation of a traffic violation.” The Supreme Court concluded the state did not meet its burden to demonstrate that the officer’s weapons inquiry was reasonably related to his traffic investigation and reasonably necessary to effectuate it. The decision of the Court of Appeals was affirmed. The judgment of the circuit court was reversed, and the case remanded to the circuit court for further proceedings.
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