{"id":7364,"date":"2012-10-02T13:10:00","date_gmt":"2012-06-29T07:27:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-29T07:27:00","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7364","title":{"rendered":"OR: Prior arrest for possession of gun not RS with nervous demeanor during stop"},"content":{"rendered":"

Defendant was stopped in a high crime area at 1 am for not signaling a left turn on a bicycle. He produced an ID card and was asked some basic questions. He was relaxed and made eye contact but appeared potentially under the influence, and riding a bike under the influence was an offense. When asked about a prior arrest for having a gun he became extremely nervous, and then a frisk was started, and he told them where the gun was. The stop became unreasonable in its length. The prior arrest for a gun did not justify extending this stop. State v. Steffens<\/a>, 250 Ore. App. 742, 282 P.3d 888 (2012):<\/p>\n

The central fact on which Mawdsley based his suspicion that defendant had a weapon, and the only fact on which the trial court relied, was that defendant had been arrested the previous month for possessing a concealed handgun. However, prior arrests or convictions\u2014even recent ones\u2014without more, do not provide reasonable suspicion that a person is currently engaged in illegal conduct. State v. Frias, 229 Ore. App. 60, 65, 201 P.3d 914 (2009) (“[W]hatever the inference that could be reasonably drawn about [the] defendant’s past drug use, there was no evidence of a current or imminent crime * * *. The fact that [the] defendant was awaiting sentencing on a drug charge does not give rise to reasonable suspicion that, at the time the officer prolonged the stop, [the] defendant was engaged in criminal activity.”); State v. Holcomb, 202 Ore. App. 73, 77-78, 121 P.3d 13, adh’d to as modified on recons, 203 Ore. App. 35, 125 P.3d 22 (2005) (rejecting the state’s argument that “a person’s recent drug use is sufficient, without more, to establish reasonable suspicion of present drug possession”); see also Dyer, 157 Ore. App. at 329 (the fact that the defendant had once been convicted of unlawfully possessing a weapon in a public building did not provide reasonable suspicion that he posed a threat to an officer during a traffic stop).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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