OR: Merely driving off the road wasn’t RS, but adding the driver’s demeanor at the time was

“A traffic stop is a ‘seizure’ that requires a constitutional justification. … An officer’s investigative activity during a traffic stop is subject to both durational and subject-matter limitations. … Here, there are two ‘specific and articulable facts’ that support reasonable suspicion: (1) that defendant got his truck stuck in a ditch while attempting to turn around, and (2) that he displayed shaking, which could be a physical symptom of present intoxication. Although those facts could have multiple explanations, together they allow for an objectively reasonable inference that defendant may have been driving while impaired by an intoxicant and, therefore, support reasonable suspicion. For that reason, we conclude that Andrews did not unlawfully expand the subject-matter limitations of defendant’s stop when he asked defendant about drug use.” State v. Wicks, 332 Or. App. 67 (Apr. 17, 2024).*

This was a private search. “Here, the evidence elicited at a suppression hearing established that the owners of the apartment building were not acting as agents of a government official investigating the defendant when they chose to enter the defendant’s apartment and take photographs ….” People v. Marte, 2024 NY Slip Op 02067, 2024 N.Y. App. Div. LEXIS 2103 (2d Dept. Apr. 17, 2024).

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