|CALENDAR STATUS: Active|
|State of Oregon v. William P. Miller|
|Redmond High School|
|Jamie Contreras on behalf of State of Oregon|
Kali Montague on behalf of William P. Miller
Statement of Issues:
| The State of Oregon has been granted review of a divided Court of Appeals decision that reversed and remanded a trial court ruling denying the motion of defendant, William P. Miller, to suppress evidence obtained when a police officer, who had stopped him to investigate whether he had been driving under the influence of intoxicants, asked him if he had a firearm.|
On review, the issues are:
(1) If an officer has lawfully seized an individual based upon a reasonable suspicion of a crime, under Article I, section 9, of the Oregon Constitution, may the officer ask about weapons without unlawfully extending the stop?
(2) Is an officer's reasonable belief that the suspect in a criminal
investigation might be armed a circumstance-specific safety concern that justifies asking about weapons?
(3) Does the lawful administration of field sobriety tests present
circumstance-specific safety concerns such that an officer is justified in asking about weapons before administering those tests?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:
Rebecca A. Duncan