OR: Prying open glove box without RS suppressed

Defendant’s stop was unlawfully extended without reasonable suspicion. In an area known for gang activity where there was a party attended by gang members known to be armed, officers surrounded defendant’s car on a parking lot where she hadn’t paid to park [yet], and inquired about firearms in the car. She denied having any, and refused to consent to a search of her locked glove compartment by denying she had the key. One officer pried the glove box open enough to see inside and see the butt of a gun, and she was arrested. State v. Kimmons, 271 Or. App. 592 (June 10, 2015).*

“Equipped with information about the crime, and seeing two young men who matched the description he had been given minutes earlier [of just one], in a location that roughly corresponded to the distance the perpetrators might have traveled by foot in the interim, Officer Anjos properly sought to speak with the two young men. At that time, he was sitting in a police cruiser, with no lights or siren activated and no weapon displayed, and his statement, ‘Hey guys, wait a minute,’ was not a stop.” It was, however, with reasonable suspicion, and defendant fled. Commonwealth v. Warren, 2015 Mass. App. LEXIS 62 (June 10, 2015).*