OR: Officer “‘training and experience’ is not a magical incantation with the power to imbue speculation, stereotype, or pseudoscience with an impenetrable armor of veracity.”

Defendant had used drugs in the past and his girlfriend was likely a user, but that didn’t create reasonable suspicion for continuing this stop. Officer “‘training and experience’ is not a magical incantation with the power to imbue speculation, stereotype, or pseudoscience with an impenetrable armor of veracity.” State v. Heater, 263 Or. App. __, 2014 Ore. App. LEXIS 727 (May 29, 2014):

For an officer’s suspicion to be objectively reasonable, the officer must be able to “point to specific and articulable facts” that justify the officer’s suspicion. State v. Ehly, 317 Ore. 66, 80, 854 P.2d 421 (1993). An officer’s experience is “relevant to what inferences the officer may draw from the circumstances. But, an officer’s experience cannot form the entire basis for reasonable suspicion.” State v. Martin, 260 Ore. App. 461, 470, 317 P.3d 408 (2014) (internal citations omitted); see also State v. Alvarado, 257 Ore. App. 612, 631, 307 P.3d 540 (2013) (“An officer’s training and experience are relevant to, and may help explain why, a particular circumstance is suspicious. We have also recognized, however, that the phrase ‘training and experience’ is not a magical incantation with the power to imbue speculation, stereotype, or pseudoscience with an impenetrable armor of veracity.”) (internal citations, punctuation, and quotations omitted)).