{"id":7573,"date":"2012-10-02T13:02:14","date_gmt":"2012-08-13T06:28:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-13T06:28:51","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7573","title":{"rendered":"OR: Three factors of RS still did not add up to it; past drug use doesn’t equate with present drug use"},"content":{"rendered":"

Three factors of reasonable suspicion collectively still did not add up to reasonable suspicion: furtive movement toward a cosmetics case on the floor, nervousness, and gray rotting teeth. The latter shows nothing about time. State v. Kentopp<\/a>, 251 Ore. App. 527 (2012):<\/p>\n

We begin with the first three circumstances. As to defendant’s furtive movements, those movements\u2014viz., leaning down as he was being pulled over\u2014do not, by themselves, amount to reasonable suspicion. … The other two facts\u2014defendant’s nervous demeanor and gray, rotting teeth\u2014could arguably have led Jeter to believe that defendant had used drugs in the past. However, an officer’s observation of signs of a person’s past drug use does not, by itself, give rise to reasonable suspicion that the person currently possesses drugs. … Specifically, as to defendant’s nervous demeanor, it could be ascribed to “any number of things”\u2014especially in light of the fact that Jeter did not testify that defendant’s nervousness during the stop suggested to him that defendant had recently used drugs\u2014thereby further undermining the value of that circumstance as support for reasonable suspicion of drug possession. … As to defendant’s gray, rotting teeth, we have previously concluded that physical indications that were far more consistent with past drug use\u2014for example, in … track marks on the defendant’s arms\u2014failed to give rise to reasonable suspicion of drug possession.<\/p>\n

Not only do those circumstances individually not amount to the relevant reasonable suspicion, we also conclude that, even considering them together, they are insufficient to give rise to reasonable suspicion that defendant possessed drugs.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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