Arrest and citation
Amended by SB 1510
Effective since March 23, 2022
Relating to public safety; creating new provisions; amending ORS 131.615, 137.540, 144.102, 181A.530 and 810.410 and sections 8, 12, 33, 38, 53, 56 and 60, chapter 649, Oregon Laws 2013, and section 7, chapter 98, Oregon Laws 2018; and declaring an emergency.
Source:
Section 810.410 — Arrest and citation, https://www.oregonlegislature.gov/bills_laws/ors/ors810.html.
Notes of Decisions
Under former similar statute
Where conflicting information was given concerning defendant’s identity after he was stopped for a traffic violation, taking him into custody in order to determine his identity was not unreasonable. State v. Tucker, 286 Or 485, 595 P2d 1364 (1979)
This section allows only those officials who have observed infraction or who are on scene of accident and have personally investigated cause of accident to issue citations and to detain people; where no citation can be issued detention is not authorized. State v. Painter, 296 Or 422, 676 P2d 309 (1984)
In general
Where evidence showed that tribal law incorporated Oregon law concerning arrest for drunken driving, allowing arrest if officer has probable cause to believe person has committed major traffic offense, tribal officer was authorized to make such arrest. United States v. Strong, 778 F2d 1393 (1985)
Although officer did not know that South Dakota law required two license plates on vehicle, stop of defendant for displaying only one South Dakota license plate provided probable cause to believe traffic infraction had been committed in his presence. State v. Baer, 97 Or App 467, 776 P2d 876 (1989)
Officer does not lose authority to make traffic stop by waiting fifteen minutes after witnessing infraction and so long as officer’s actions are consistent with those of officer investigating traffic infraction, fact that officer has additional purposes for making stop does not invalidate it. State v. Olaiz, 100 Or App 380, 786 P2d 734 (1990), Sup Ct review denied
Trial court erred in denying defendant’s motion to suppress evidence obtained in search during lawful stop because officer’s authority to detain stopped person ends when reason for stop no longer exists. State v. Porter, 312 Or 112, 817 P2d 1306 (1991); State v. Dow, 116 Or App 542, 842 P2d 430 (1992); State v. Dominguez-Martinez, 321 Or 206, 895 P2d 306 (1995); State v. Aguilar, 139 Or App 175, 912 P2d 379 (1996), Sup Ct review denied; State v. Foster, 139 Or App 303, 912 P2d 377 (1996), Sup Ct review denied
Investigation of traffic infraction must be reasonably related to infraction, identification and issuance of citation and where arrest of driver and search of car was product of defendant’s unlawful removal and handcuffing, evidence discovered during search should have been suppressed. State v. Faccio, 114 Or App 112, 834 P2d 485 (1992)
Officer who lawfully stopped car in which defendant was passenger lacked authority to ask for consent to search or to search accoutrement when request was made solely on basis of traffic infraction. State v. Bucholz, 114 Or App 624, 836 P2d 180 (1992); State v. Wright, 152 Or App 282, 954 P2d 809 (1998), Sup Ct review denied
When police officer saw defendant who was stopped for speeding violation reach into glove compartment, remove rolled-up bag and tuck bag into sock, observations and police officer’s knowledge and experience supported reasonable suspicion defendant possessed drugs or drug paraphernalia and allowed officer to question defendant about what officer had seen. State v. Frias, 115 Or App 149, 836 P2d 1367 (1992)
ORS 131.615 and this section provided authority for officer to open door of motor vehicle when officer observed motor vehicle oddly parked and discovered defendant slumped in driver’s seat with driver’s door slightly open and engine running. State v. Rhodes, 315 Or 191, 843 P2d 927 (1992)
Mere possibility defendant was in violation of statute was not probable cause allowing stopping of vehicle. State v. Rivera, 121 Or App 246, 855 P2d 188 (1993)
Reasonable basis for suspecting that infraction has occurred is sufficient to permit stop. State v. Matthews, 126 Or App 154, 868 P2d 14 (1994), aff’d 320 Or 398, 884 P2d 1224 (1994)
Reasonable suspicion that defendant has committed illegal acts is proper standard for permitting officer to broaden scope of investigation during traffic stop. State v. Aguilar, 139 Or App 175, 912 P2d 379 (1996), Sup Ct review denied
Where passenger commits traffic infraction, limitation on permissible scope of traffic stop applies to questioning of passenger. State v. Jones, 141 Or App 63, 918 P2d 111 (1996)
Where officer announces to individual that officer observed individual breaking law, encounter is stop. State v. Terhear/Goemmel, 142 Or App 450, 923 P2d 641 (1996)
Retention of valuable property extends duration of stop whether or not retention impairs mobility of stopped person. State v. Bailey, 143 Or App 285, 924 P2d 833 (1996)
Nervous behavior of driver is insufficient by itself to raise officer safety concerns and allow expansion of stop. State v. Peterson, 143 Or App 505, 923 P2d 1340 (1996), Sup Ct review denied
Traffic stop has ended if person stopped has been given objectively reasonable opportunity to leave. State v. Hadley, 146 Or App 166, 932 P2d 1194 (1997); State v. Elverud, 154 Or App 79, 961 P2d 224 (1998), Sup Ct review denied
Where police officer lacked reasonable suspicion for expanding scope of traffic stop, officer leaning head into interior of vehicle while conducting stop was unreasonable search. State v. Hendricks, 151 Or App 271, 948 P2d 740 (1997)
Restriction on extension of traffic infraction stop applies to investigation of passengers in stopped vehicle. State v. Taylor, 151 Or App 687, 950 P2d 930 (1997), Sup Ct review denied; State v. Wright, 152 Or App 282, 954 P2d 809 (1998), Sup Ct review denied
Suspicion that passenger is under influence of alcohol or controlled substances does not provide reasonable suspicion for expanding scope of stop. State v. Morton, 151 Or App 734, 951 P2d 179 (1997), Sup Ct review denied
Where unlawful expansion of traffic stop does not impair free will of motorist, search resulting from expansion does not automatically violate prohibition in Oregon Constitution against unlawful search and seizure. State v. $113,871 in U.S. Currency, 152 Or App 770, 954 P2d 218 (1998), Sup Ct review denied
Authority of tribal police officers to enforce state traffic laws on highways running through Indian reservation is not derived from, and is not coextensive with, statutory enforcement authority given “police officers.” State v. Pamperien, 156 Or App 153, 967 P2d 503 (1998)
Under pre-1997 version of statute, whether person is stopped or detained is determined using same methodology applicable for identifying stops and detentions under Criminal Procedure Code. State v. Toevs, 327 Or 525, 964 P2d 1007 (1998)
Under pre-1997 version of statute, unlawful detention follows lawful stop where stopped person subjectively believes liberty or freedom of movement is restrained and belief is objectively reasonable based upon totality of circumstances. State v. Toevs, 327 Or 525, 964 P2d 1007 (1998)
Except as prohibited by United States or Oregon Constitution, ORS 136.432 requires admission of evidence obtained through unlawful expansion of traffic stop. State v. Arabzadeh, 162 Or App 423, 986 P2d 736 (1999)
Officer is not required to have reasonable suspicion for questions to ensure officer safety unless questioning rises to level of search or seizure. State v. Amaya, 176 Or App 35, 29 P3d 1177 (2001), aff’d 336 Or 616, 89 P3d 1163 (2004); State v. Crampton, 176 Or App 62, 31 P3d 430 (2001)
Request for consent to “search for items of evidence otherwise subject to search or seizure under ORS 133.535” does not require reasonable suspicion of criminal activity. State v. Duffy, 176 Or App 49, 29 P3d 1222 (2001), Sup Ct review denied
Police officer may not stop person pursued outside state for purpose of issuing traffic citation not authorized by foreign state’s version of Uniform Act on Fresh Pursuit. State v. Meyer, 183 Or App 536, 53 P3d 940 (2002)
Authorization for officer to make stop related to “traffic violation, identification and issuance of citation” does not require that officer have all three purposes for making stop. Efimoff v. DMV, 204 Or App 648, 131 P3d 814 (2006)
During lawful stop, officer may ask question about matter unrelated to basis of stop without having independent reasonable suspicion that subject matter of questioning occurred. State v. Amador, 230 Or App 1, 213 P3d 846 (2009), Sup Ct review denied
Law enforcement officers have justification for temporarily seizing or stopping person to conduct investigation if officer’s activities are reasonably related to investigation and reasonably necessary to effectuate investigation. State v. Watson, 353 Or 768, 305 P3d 94 (2013)
Attorney General Opinions
Under former similar statute
Arrest and incarceration of individuals for traffic infractions, (1977) Vol 38, p 960
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