Oregon v. KreisAnnotate this Case
Two officers were in their patrol car when they saw defendant Eric Kreis in a restaurant parking lot around midnight. The restaurant had been closed for about 20 minutes, and the parking lot had recently been the site of several thefts. Defendant was standing “near” one of the approximately five cars in the lot, and the officers suspected that defendant might be trying to break into that car or might be attempting to commit DUII. While one officer ran the car’s plates, Mendez, an officer-in-training, approached defendant and initiated a conversation. Defendant did not provide any information in response to Mendez’s questions; instead, he left the parking lot and walked toward a paved pathway leading to the back of the restaurant. The two officers followed defendant and caught up with him as he stood on the restaurant’s back patio near the restaurant’s back door. One officer called out asking defendant’s name, and when he did not respond, the officers told defendant he was not free to leave. Defendant told the officers he did not have to talk to them. To one officer, defendant appeared angry and exhibited signs of intoxication. At some point, defendant was advised that if he did not cooperate, he would be arrested. He ultimately was, charged with interfering with a peace officer and with resisting arrest. After the state presented its case, defendant moved for judgment of acquittal on the interfering charge. Defendant argued that officers did not have reasonable suspicion that defendant had committed, or was about to commit, a criminal offense, and consequently, that neither his stop of defendant nor his order that defendant turn around to be handcuffed were lawful. The Oregon Supreme Court agreed the officer’s order was not a “lawful order” as that term was used in ORS 162.247(1)(b) and reversed defendant’s conviction.