Defendant heard there was a shooting at a high school his sister attended, so he armed himself and went down there. The students coming out were frisked to make sure that any shooter did not escape with the students. Defendant was hanging around and wouldn’t make eye-contact with an officer, so the officer went to talk to him and he said he didn’t “know where to go.” He was frisked and his gun was found, but the court finds that no exception to the warrant requirement applies: not consent, emergency aid, or school grounds. His refusal to make eye contact wasn’t reasonable suspicion. State v. Powell, 288 Ore. App. 660, 2017 Ore. App. LEXIS 1350 (Nov. 1, 2017).
Defendant’s car was found out of gas on a highway on tribal lands, and a tribal officer came upon them about dawn. He drove one of them to get gas, and, at the gas station, he encountered another from the car who had gotten a ride to get gas that nobody mentioned. He found this unusual. The officer returned alone. Back at the car, he talked with the occupants, and reasonable suspicion developed from various sources, including fake names. A drug dog was called, and it alerted. The beginning of the encounter was consensual until reasonable suspicion developed. Searches valid. United States v. Espinosa, 2017 U.S. Dist. LEXIS 181086 (D. S.D. May 23, 2017).*