Oregon v. HarrisonAnnotate this Case
Police Officer Hopkins initiated a traffic stop of defendant Khalistan Harrison. As Hopkins approached defendant’s stopped vehicle, defendant stepped out of the car, left the driver’s side door open, and began walking away. Hopkins followed her on foot. Meanwhile, Officer Barrett arrived at the scene. In observing the open driver’s side door, Barrett saw the upper handle and cylinder of a handgun tucked barrel-down in the door’s interior pocket, which was located below the window and armrest and lower than the level of the driver’s seat. According to testimony from Hopkins, the handgun would have been readily accessible to the driver and not visible “when the door was closed when there was a driver in the driver’s seat and the vehicle was traveling down the road.” Defendant was charged with unlawful possession of a firearm. At trial, defendant moved for a judgment of acquittal (MJOA), arguing that the handgun was not “concealed” within the meaning of the statute. The trial court denied that motion. Defendant also requested that the trial court give a special jury instruction concerning the definition of “concealed.” The trial court declined to issue defendant’s requested instruction and gave a different instruction, which will be discussed below. Defendant was convicted, and the Court of Appeals affirmed. The Oregon Supreme Court determined a handgun is “concealed” in a vehicle if the placement of the gun would fail to give reasonable notice of the gun’s presence, through ordinary observation, to a person actually coming into contact with the occupants of the vehicle, and communicating in a manner typical of such contact, such as through an open window. The Court determined the gun in this case was sufficiently “concealed” to support defendant’s conviction.