OR Const. doesn’t permit weapons inquiry to jaywalker without RS

Oregon Constitution does not permit an officer to inquire of a jaywalking suspect whether he is armed without some reasonable suspicion. State v. Jimenez, 357 Ore. 417, 2015 Ore. LEXIS 441 (July 9, 2015):

In this criminal case, an Oregon state trooper stopped defendant for jaywalking and asked him if he had any weapons on him. For the reasons that follow, we conclude that Article I, section 9, of the Oregon Constitution does not permit a law enforcement officer to make such an inquiry as a matter of routine and in the absence of circumstances that indicate danger to the officer or members of the public. In contrast, when an officer has probable cause to detain an individual and conduct a traffic investigation, and the officer has reasonable, circumstance-specific concerns for the officer’s safety, the officer may inquire about the presence of weapons. In that instance, the officer’s inquiry is reasonably related to the traffic investigation and reasonably necessary to effectuate it, and therefore does not violate Article I, section 9. Because that standard was not met in this case, we affirm the decision of the Court of Appeals, State v. Jimenez, 263 Ore. App. 150, 326 P3d 1222 (2014), and reverse the judgment of the circuit court.