officer-safety exception (Oregon) · Go Syfert
← Oregon issues

officer-safety exception in Oregon

89 Oregon opinions name it 2 courts 1992–2026 22 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (29)

CaseFollowedCited
State v. Batesgreen
or · 1987 · cited in 64 Oregon opinions naming this issue, 1995–2026
2 sentences

2026As first articulated in State v. Bates, the officer-safety doctrine permits an officer “to take reasonable steps to protect himself or others if, during the course of a lawful encounter with a citizen, the officer develops a reasonable suspicion, based upon specific and articulable facts, that the citizen might pose an immediate threat of serious physical injury to the officer or to others then present.” 304 Or 519, 524 , 747 P2d 991 (1987).

2026As first articulated in State v. Bates, the officer-safety doctrine permits an officer “to take reasonable steps to protect himself or others if, during the course of a lawful encounter with a citizen, the officer develops a reasonable suspicion, based upon specific and articulable facts, that the citizen might pose an immediate threat of serious physical injury to the officer or to others then present.” 304 Or 519, 524 , 747 P2d 991 (1987).

1264
State v. Fostergreen
or · 2009 · cited in 9 Oregon opinions naming this issue, 2009–2026
2 sentences

2026See also Foster, 347 Or at 12 (characterizing a separate pre-Bates officer-safety case as a “particular, and correct, application of the officer safety doctrine that [was] later articulated more thoroughly in Bates” and as “speak[ing] to the reasonableness of one particular type of officer safety response”).

2026See also Foster, 347 Or at 12 (characterizing a separate pre-Bates officer-safety case as a “particular, and correct, application of the officer safety doctrine that [was] later articulated more thoroughly in Bates” and as “speak[ing] to the reasonableness of one particular type of officer safety response”).

49
State v. Ruddergreen
or · 2009 · cited in 6 Oregon opinions naming this issue, 2015–2021
2 sentences

2021Accordingly, “the officer safety doctrine does not excuse protective measures that are disproportionate to any threat that the officers reasonably perceive.” State v. Rudder, 347 Or 14, 23 , 217 P3d 1064 (2009).

2021Accordingly, “the officer safety doctrine does not excuse protective measures that are disproportionate to any threat that the officers reasonably perceive.” State v. Rudder, 347 Or 14, 23 , 217 P3d 1064 (2009).

36
State v. Steffensgreen
orctapp · 2012 · cited in 4 Oregon opinions naming this issue, 2014–2025
2 sentences

2025See State v. Zumbrum, 221 Or App 362, 369 , 189 P3d 1235 (2008) (officer’s knowledge that the defendant was on post-prison supervision did not contribute to reasonable officer-safety concerns because the officer “did not know the basis for defendant’s prior conviction, nor was he otherwise aware of whether defendant had a history of violent behavior”); see also State v. Steffens, 250 Or App 742, 750 , 282 P3d 888 (2012) (“An officer’s knowledge of the defendant’s past conduct is relevant to the officer-safety inquiry; however, where past conduct is not coupled with *97 any indication that the

2025See State v. Zumbrum, 221 Or App 362, 369 , 189 P3d 1235 (2008) (officer’s knowledge that the defendant was on post-prison supervision did not contribute to reasonable officer-safety concerns because the officer “did not know the basis for defendant’s prior conviction, nor was he otherwise aware of whether defendant had a history of violent behavior”); see also State v. Steffens, 250 Or App 742, 750 , 282 P3d 888 (2012) (“An officer’s knowledge of the defendant’s past conduct is relevant to the officer-safety inquiry; however, where past conduct is not coupled with *97 any indication that the

34
State v. Maddengreen
or · 2018 · cited in 7 Oregon opinions naming this issue, 2019–2026
2 sentences

2026In that way, the various components of the officer-safety test dovetail because “the kind and magnitude of the threat that an officer reasonably perceives will largely 814 State v. Castimore determine whether a given precaution taken in response to it was reasonable.” Madden, 363 Or at 714 .

2026In that way, the various components of the officer-safety test dovetail because “the kind and magnitude of the threat that an officer reasonably perceives will largely 814 State v. Castimore determine whether a given precaution taken in response to it was reasonable.” Madden, 363 Or at 714 .

27
State v. Baileygreen
orctapp · 2020 · cited in 4 Oregon opinions naming this issue, 2024–2025
2 sentences

2024The warrant exception at issue here, the officer-safety exception, permits “ ‘an officer to take reasonable steps to protect himself or others if, during the course of a lawful encounter with a citizen, the officer develops a reasonable suspicion, based upon specific and articulable facts, that the citizen might pose an immediate threat of serious physical injury to the officer or to others then present.’ ” Id. (quoting State v. Bates, 304 Or 519, 524 , 747 P2d 991 (1987)). 1 ORS 166.270(2) provides, in relevant part: “Any person who has been convicted of a felony under the law of this state o

2024The warrant exception at issue here, the officer-safety exception, permits “ ‘an officer to take reasonable steps to protect himself or others if, during the course of a lawful encounter with a citizen, the officer develops a reasonable suspicion, based upon specific and articulable facts, that the citizen might pose an immediate threat of serious physical injury to the officer or to others then present.’ ” Id. (quoting State v. Bates, 304 Or 519, 524 , 747 P2d 991 (1987)). 1 ORS 166.270(2) provides, in relevant part: “Any person who has been convicted of a felony under the law of this state o

24
State v. Amellgreen
orctapp · 2009 · cited in 4 Oregon opinions naming this issue, 2012–2020
2 sentences

2016Specifically, the officer-safety exception permits an officer to “take reasonable steps to protect himself or others if, during the course of a lawful encounter with a citizen, the officer develops a reasonable suspicion, based on specific and articulable facts, that the citizen might pose an immediate threat of serious physical injury to the officer or to others then present.” Id. (quoting Bates, 304 Or at 524 ).

2014See State v. Amell, 230 Or App 336, 341 , 215 P3d 910 (2009) (in the context of the officer safety exception to Article I, section 9, distinguishing between trial court’s factual findings and whether those findings satisfied the relevant legal standard).

24
State Ex Rel. Juv. Dept. v. Madgreen
or · 2010 · cited in 4 Oregon opinions naming this issue, 2011–2014
2 sentences

2014A. D., 348 Or at 391 ; see also id. at 393 (“We do not mean to suggest that the officer-safety doctrine and a school official’s search of a student for drugs are identical in all respects.”).

2014A. D., 348 Or at 391 ; see also id. at 393 (“We do not mean to suggest that the officer-safety doctrine and a school official’s search of a student for drugs are identical in all respects.”).

24
State v. Davisgreen
orctapp · 2016 · cited in 3 Oregon opinions naming this issue, 2020–2025
2 sentences

2025See State v. Nye, 295 Or App 559, 564 , 435 P3d 805 (2019) (describing prior case law as requiring furtive movements to be coupled with other alarming conduct— such as disobedience of a police instruction, reluctance to comply, or conduct inconsistent with police inquiry—for the officer-safety exception to apply); Davis, 282 Or App at 660 (holding that an officer’s patdown search was unlawful, where the defendant made furtive movements inside his vehicle as the officer approached, refused to explain what was in his bulging pockets, and showed other signs of recent drug use and preparation to r

2025See State v. Nye, 295 Or App 559, 564 , 435 P3d 805 (2019) (describing prior case law as requiring furtive movements to be coupled with other alarming conduct—such as disobedience of a police instruction, reluctance to comply, or conduct inconsistent with police inquiry—for the officer-safety exception to apply); Davis, 282 Or App 660 (holding that an officer’s patdown search was unlawful, where the defendant made furtive movements inside his vehicle as the officer approached, refused to explain what was in his bulg- ing pockets, and showed other signs of recent drug use and preparation to run

23
State v. Nyegreen
orctapp · 2019 · cited in 3 Oregon opinions naming this issue, 2024–2025
2 sentences

2025See State v. Nye, 295 Or App 559, 564 , 435 P3d 805 (2019) (describing prior case law as requiring furtive movements to be coupled with other alarming conduct—such as disobedience of a police instruction, reluctance to comply, or conduct inconsistent with police inquiry—for the officer-safety exception to apply); Davis, 282 Or App 660 (holding that an officer’s patdown search was unlawful, where the defendant made furtive movements inside his vehicle as the officer approached, refused to explain what was in his bulg- ing pockets, and showed other signs of recent drug use and preparation to run

2025See State v. Nye, 295 Or App 559, 564 , 435 P3d 805 (2019) (describing prior case law as requiring furtive movements to be coupled with other alarming conduct—such as disobedience of a police instruction, reluctance to comply, or conduct inconsistent with police inquiry—for the officer-safety exception to apply); Davis, 282 Or App 660 (holding that an officer’s patdown search was unlawful, where the defendant made furtive movements inside his vehicle as the officer approached, refused to explain what was in his bulg- ing pockets, and showed other signs of recent drug use and preparation to run

23
State v. Bakergreen
or · 2011 · cited in 3 Oregon opinions naming this issue, 2015–2024
2 sentences

2024Such circumstances have been found, for example, to justify entry in the case of hot pursuit, the destruction of evidence, flight of a suspect, and where emergency aid was required by someone within.” Id. (internal citations omitted); see also State v. Baker, 350 Or 641, 649 , 260 P3d 476 (2011) (recognizing, in addition to the exceptions listed in Davis, an officer-safety exception).

2024Such circumstances have been found, for example, to justify entry in the case of hot pursuit, the destruction of evidence, flight of a suspect, and where emergency aid was required by someone within.” Id. (internal citations omitted); see also State v. Baker, 350 Or 641, 649 , 260 P3d 476 (2011) (recognizing, in addition to the exceptions listed in Davis, an officer-safety exception).

23
State v. Wilsongreen
orctapp · 2017 · cited in 3 Oregon opinions naming this issue, 2018–2020
2 sentences

2018Thus, we explained, "even if defendant was stopped unconstitutionally, the officer safety doctrine could provide [the officer] with the lawful authority to order defendant to get out of the vehicle." Id. at 828 , 390 P.3d 1114 .

2018Thus, we explained, "even if defendant was stopped unconstitutionally, the officer safety doctrine could provide [the officer] with the lawful authority to order defendant to get out of the vehicle." Id. at 828 , 390 P.3d 1114 .

23
State v. Whitlockgreen
orctapp · 2024 · cited in 2 Oregon opinions naming this issue, 2025–2025
2 sentences

2025See State v. Whitlock, 334 Or App 107, 113 , 554 P3d 825 (2024) (“Even if [the] defendant’s behavior led to the officer fearing that [the] defendant might flee ‘or otherwise frustrate’ investigation efforts, those concerns do not equate with a threat of serious physical injury to the officer.” (Quoting Baily, 307 Or App at 788 .)).

2025See State v. Whitlock, 334 Or App 107, 113 , 554 P3d 825 (2024) (“Even if [the] defendant’s behavior led to the officer fearing that [the] defendant might flee ‘or otherwise frustrate’ investigation efforts, those concerns do not equate with a threat of serious physical injury to the officer.” (Quoting Baily, 307 Or App at 788 .)).

22
State v. Zumbrumgreen
orctapp · 2008 · cited in 2 Oregon opinions naming this issue, 2025–2025
2 sentences

2025See State v. Zumbrum, 221 Or App 362, 369 , 189 P3d 1235 (2008) (officer’s knowledge that the defendant was on post-prison supervision did not contribute to reasonable officer-safety concerns because the officer “did not know the basis for defendant’s prior conviction, nor was he otherwise aware of whether defendant had a history of violent behavior”); see also State v. Steffens, 250 Or App 742, 750 , 282 P3d 888 (2012) (“An officer’s knowledge of the defendant’s past conduct is relevant to the officer-safety inquiry; however, where past conduct is not coupled with *97 any indication that the

2025See State v. Zumbrum, 221 Or App 362, 369 , 189 P3d 1235 (2008) (officer’s knowledge that the defendant was on post-prison supervision did not contribute to reasonable officer-safety concerns because the officer “did not know the basis for defendant’s prior conviction, nor was he otherwise aware of whether defendant had a history of violent behavior”); see also State v. Steffens, 250 Or App 742, 750 , 282 P3d 888 (2012) (“An officer’s knowledge of the defendant’s past conduct is relevant to the officer-safety inquiry; however, where past conduct is not coupled with *97 any indication that the

22
State v. Watsongreen
or · 2013 · cited in 2 Oregon opinions naming this issue, 2023–2023
2 sentences

2023See State v. Bates, 304 Or 519, 524 , 747 P2d 991 (1987) (explaining the officer-safety exception to the warrant requirement); see also State v. Watson, 353 Or 768, 773-74 , 305 P3d 94 (2013) (explaining the reasonable suspicion exception).

2023See State v. Bates, 304 Or 519, 524 , 747 P2d 991 (1987) (explaining the officer-safety exception to the warrant requirement); see also State v. Watson, 353 Or 768, 773-74 , 305 P3d 94 (2013) (explaining the reasonable suspicion exception).

22
State v. Rodriguez-Perezgreen
orctapp · 2014 · cited in 10 Oregon opinions naming this issue, 2015–2025
2 sentences

2021One of those exceptions is the officer safety exception set forth in State v. Bates, 304 Or 519, 524 , 747 P2d 991 (1987): “Article I, section 9, of the Oregon Constitution does not forbid an officer to take reasonable steps to protect himself or others if, during the course of a lawful encounter with a citizen, the officer develops a reasonable suspicion, based upon specific and articulable facts, that the citizen might pose an immediate threat of serious physical injury to the officer or to others then present.” For the officer safety exception to apply, the state must prove “not only that t

2021One of those exceptions is the officer safety exception set forth in State v. Bates, 304 Or 519, 524 , 747 P2d 991 (1987): “Article I, section 9, of the Oregon Constitution does not forbid an officer to take reasonable steps to protect himself or others if, during the course of a lawful encounter with a citizen, the officer develops a reasonable suspicion, based upon specific and articulable facts, that the citizen might pose an immediate threat of serious physical injury to the officer or to others then present.” For the officer safety exception to apply, the state must prove “not only that t

110
State v. Kennedygreen
orctapp · 2017 · cited in 3 Oregon opinions naming this issue, 2017–2020
2 sentences

2020See State v. Kennedy, 284 Or App 268, 272 , 392 P3d 382 (2017) (“Determining whether an officer’s safety concern was objectively reasonable requires us to consider the totality of the circumstances as they reasonably appeared to the officer at the time of the warrantless search.”).

2020See State v. Kennedy, 284 Or App 268, 272 , 392 P3d 382 (2017) (“Determining whether an officer’s safety concern was objectively reasonable requires us to consider the totality of the circumstances as they reasonably appeared to the officer at the time of the warrantless search.”).

13
State v. Knoxgreen
orctapp · 1995 · cited in 3 Oregon opinions naming this issue, 1998–2012
2 sentences

1998Although the trial court found that the defendant “ ‘was not acting in any unusually angry or strange manner that would give the officer any immediate concern,’ ” id. at 157 , and that he “had never before exhibited any violence towards the police or made threats to them that the officer was aware of,” id., it nevertheless denied the defendant’s motion to suppress evidence because it concluded that the officer-safety exception to the warrant requirement provided authority for the officer to search for weapons.

1998Although the trial court found that the defendant “ ‘was not acting in any unusually angry or strange manner that would give the officer any immediate concern,’ ” id. at 157 , and that he “had never before exhibited any violence towards the police or made threats to them that the officer was aware of,” id., it nevertheless denied the defendant’s motion to suppress evidence because it concluded that the officer-safety exception to the warrant requirement provided authority for the officer to search for weapons.

13
State v. Senngreen
orctapp · 1996 · cited in 3 Oregon opinions naming this issue, 1998–2012
2 sentences

2012Although we have recognized that fact matching is not always a useful exercise in the context of the officer-safety doctrine, Senn, 145 Or App at 545 , here, two cases provide particularly useful comparisons: Amell, 230 Or App 336 , and State v. Dyer, 157 Or App 326 , 970 P2d 249 (1998).

1999“An officer safety inquiry or frisk in the course of a traffic stop does not violate ORS 810.410(3)(b), so long as that *57 inquiry or frisk is justified by reasonable suspicion as prescribed in [State v.] Bates, [ 304 Or 519, 524 , 747 P2d 991 (1987)].” State v. Senn, 145 Or App 538, 542 , 930 P2d 874 (1996).

13
State v. Shawgreen
orctapp · 2009 · cited in 2 Oregon opinions naming this issue, 2018–2018
12
State v. Neillgreen
orctapp · 2007 · cited in 2 Oregon opinions naming this issue, 2014–2017
12
State v. Neillgreen
or · 2008 · cited in 2 Oregon opinions naming this issue, 2014–2017
12
State v. Knoxgreen
or · 1998 · cited in 2 Oregon opinions naming this issue, 2001–2012
12
Terry v. Ohiogreen
scotus · 1968 · cited in 2 Oregon opinions naming this issue, 1993–2009
12
Michigan v. Longgreen
scotus · 1983 · cited in 2 Oregon opinions naming this issue, 1993–1998
12
State v. Ruizgreen
orctapp · 2004 · cited in 1 Oregon opinions naming this issue, 2018–2018
11
State v. Miglavsgreen
or · 2004 · cited in 1 Oregon opinions naming this issue, 2016–2016
11
State v. Walkergreen
orctapp · 2002 · cited in 1 Oregon opinions naming this issue, 2015–2015
11
State v. Holmesred
or · 1991 · cited in 1 Oregon opinions naming this issue, 2013–2013
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. Meekergreen
orctapp · 2018 · cited in 2 Oregon opinions naming this issue, 2020–2021
12

Also cited on this issue (50)

CaseCitedYears
State v. Ramirez green
orctapp · 2020
2 sentences

2024The warrant exception at issue here, the officer-safety exception, permits “ ‘an officer to take reasonable steps to protect himself or others if, during the course of a lawful encounter with a citizen, the officer develops a reasonable suspicion, based upon specific and articulable facts, that the citizen might pose an immediate threat of serious physical injury to the officer or to others then present.’ ” Id. (quoting State v. Bates, 304 Or 519, 524 , 747 P2d 991 (1987)). 1 ORS 166.270(2) provides, in relevant part: “Any person who has been convicted of a felony under the law of this state o

2024The warrant exception at issue here, the officer-safety exception, permits “ ‘an officer to take reasonable steps to protect himself or others if, during the course of a lawful encounter with a citizen, the officer develops a reasonable suspicion, based upon specific and articulable facts, that the citizen might pose an immediate threat of serious physical injury to the officer or to others then present.’ ” Id. (quoting State v. Bates, 304 Or 519, 524 , 747 P2d 991 (1987)). 1 ORS 166.270(2) provides, in relevant part: “Any person who has been convicted of a felony under the law of this state o

62020–2026
State v. Kreis green
or · 2019
2 sentences

2026In conclusion, the officer-safety exception is “a rule of necessity that enables officers to take reasonable measures to carry out lawful police activity.” State v. Kreis, 365 Or 659, 676 , 451 P3d 954 (2019).

2026In conclusion, the officer-safety exception is “a rule of necessity that enables officers to take reasonable measures to carry out lawful police activity.” State v. Kreis, 365 Or 659, 676 , 451 P3d 954 (2019).

32019–2026
State v. Jimenez green
or · 2015
2 sentences

2021At any rate, though “confronting a suspect in a high- crime area can contribute to officer-safety concerns, such a location has never been regarded as sufficient to support the officer-safety exception unless there were also a significant number of other indicia of danger.” State v. Jimenez, 263 Or App 150, 159 , 326 P3d 1222 , aff’d, 357 Or 417 , 353 P3d 1227 (2015).

2021At any rate, though “confronting a suspect in a high- crime area can contribute to officer-safety concerns, such a location has never been regarded as sufficient to support the officer-safety exception unless there were also a significant number of other indicia of danger.” State v. Jimenez, 263 Or App 150, 159 , 326 P3d 1222 , aff’d, 357 Or 417 , 353 P3d 1227 (2015).

32019–2022
State v. Jimenez neutral
orctapp · 2014
2 sentences

2021At any rate, though “confronting a suspect in a high- crime area can contribute to officer-safety concerns, such a location has never been regarded as sufficient to support the officer-safety exception unless there were also a significant number of other indicia of danger.” State v. Jimenez, 263 Or App 150, 159 , 326 P3d 1222 , aff’d, 357 Or 417 , 353 P3d 1227 (2015).

2021At any rate, though “confronting a suspect in a high- crime area can contribute to officer-safety concerns, such a location has never been regarded as sufficient to support the officer-safety exception unless there were also a significant number of other indicia of danger.” State v. Jimenez, 263 Or App 150, 159 , 326 P3d 1222 , aff’d, 357 Or 417 , 353 P3d 1227 (2015).

32015–2021
State v. Dyer green
orctapp · 1998
2 sentences

2018In Dyer , we concluded that the officer-safety exception to the warrant requirement did not support a limited search of the defendant's car. 157 Or.

2015Accordingly, we concluded that the officer “had no basis for searching defendant’s truck.” Id.; see also State v. Walker, 181 Or App 548, 552-53 , 47 P3d 65 (2002) (search of defendant’s jacket during a stop was not justified by officer-safety concerns where there was no evidence that “defendant had a weapon, much less that he was likely to use it, or that in any other way defendant posed a threat to [the officer] or anyone else”); State v. Bridgeman, 173 Or App 37, 45 , 23 P3d 370 , (2001) (officer’s search of the car in which the defendant had been a passenger was not justified by the office

32012–2018
State v. Ehly green
or · 1993
2 sentences

2016Defendant contends that the court erred when it determined that the patdown search was justified by the officer safety exception to the warrant requirement under Article I, section 9, of the Oregon Constitution. 1 On review for errors of law, State v. Ehly, 317 Or 66, 74-75 , 854 P2d 421 (1993), we conclude that the trial court erred in determining that the search was justified by the officer’s reasonable suspicion, based on specific and articulable facts, that defendant might pose an immediate threat of serious physical injury to the officer.

2016Defendant contends that the court erred when it determined that the patdown search was justified by the officer safety exception to the warrant requirement under Article I, section 9, of the Oregon Constitution. 1 On review for errors of law, State v. Ehly, 317 Or 66, 74-75 , 854 P2d 421 (1993), we conclude that the trial court erred in determining that the search was justified by the officer’s reasonable suspicion, based on specific and articulable facts, that defendant might pose an immediate threat of serious physical injury to the officer.

31998–2016
State v. Hendricks green
orctapp · 2007
2 sentences

2015When the state seeks to rely on the officer-safety exception to the warrant requirement to justify a warrant-less search or seizure, the state must prove “that the officer had a reasonable suspicion, based on specific and articulable facts, that the defendant posed an immediate threat of serious physical injury.” Id. at 212-13 (citing State v. Hendricks, 213 Or App 360, 364 , 160 P3d 1014 , rev den, 343 Or 467 (2007)). 5 To do so, the state must prove not only that the officer subjectively believed that the defendant posed a threat, but also that the officer’s belief was objectively reasonable

2015When the state seeks to rely on the officer-safety exception to the warrant requirement to justify a warrant-less search or seizure, the state must prove “that the officer had a reasonable suspicion, based on specific and articulable facts, that the defendant posed an immediate threat of serious physical injury.” Id. at 212-13 (citing State v. Hendricks, 213 Or App 360, 364 , 160 P3d 1014 , rev den, 343 Or 467 (2007)). 5 To do so, the state must prove not only that the officer subjectively believed that the defendant posed a threat, but also that the officer’s belief was objectively reasonable

32014–2015
State v. Payne green
orctapp · 2021
2 sentences

2026See Bates, 304 Or at 523 (explaining that “police officers are entitled to take steps reasonably necessary to their safety”); State v. Payne, 310 Or App 672, 683 , 487 P3d 413 , rev den, 368 Or 514 (2021) (noting that we “have recognized * * * circumstances where police may have a reasonable circumstance-based fear for their safety even if there is no articulable fact specific to the defendant himself” (emphasis added)); see also State v. Foster, 347 Or 1, 9 , 217 P3d 168 (2009) (“[I]t is sufficient that the officers be able to point to specific and articulable facts * * * that would reasonabl

2026See Bates, 304 Or at 523 (explaining that “police officers are entitled to take steps reasonably necessary to their safety”); State v. Payne, 310 Or App 672, 683 , 487 P3d 413 , rev den, 368 Or 514 (2021) (noting that we “have recognized * * * circumstances where police may have a reasonable circumstance-based fear for their safety even if there is no articulable fact specific to the defendant himself” (emphasis added)); see also State v. Foster, 347 Or 1, 9 , 217 P3d 168 (2009) (“[I]t is sufficient that the officers be able to point to specific and articulable facts * * * that would reasonabl

22026–2026
State v. Parras green
orctapp · 2023
2 sentences

2025The trial court denied defendant’s motion to suppress, concluding that the initial search was justified by the officer-safety exception: “THE COURT: “[F]or the initial search, * * * the totality of the circumstances is reasonable suspicion and [ ]what Officer Farmer testified that both his experience, the movement, the area, the time of day, and the no lights, and the moving to the curb is enough for the proper opening the door and especially the—it looked like [defendant] might be trying to restart the car.” The trial court denied defendant’s demurrer, relying on State v. Parras, 326 Or App 2

2025The trial court denied defendant’s motion to suppress, concluding that the initial search was justified by the officer-safety exception: “THE COURT: “[F]or the initial search, * * * the totality of the circumstances is reasonable suspicion and [ ]what Officer Farmer testified that both his experience, the movement, the area, the time of day, and the no lights, and the moving to the curb is enough for the proper opening the door and especially the—it looked like [defendant] might be trying to restart the car.” The trial court denied defendant’s demurrer, relying on State v. Parras, 326 Or App 2

22025–2025
State v. Keck green
orctapp · 2023
2 sentences

2024We agree, and reverse. “ ‘We review [a trial court’s] denial of a motion to suppress for legal error and are bound by the trial court’s explicit and implicit factual findings if evidence in the record supports them.’ ” State v. Keck, 328 Or App 296, 298 , 537 P3d 163 (2023) (quoting State v. Bailey, 307 Or App 782, 783 , 479 P3d 304 (2020)).

2024We agree, and reverse. “ ‘We review [a trial court’s] denial of a motion to suppress for legal error and are bound by the trial court’s explicit and implicit factual findings if evidence in the record supports them.’ ” State v. Keck, 328 Or App 296, 298 , 537 P3d 163 (2023) (quoting State v. Bailey, 307 Or App 782, 783 , 479 P3d 304 (2020)).

22024–2024
Katz v. United States green
scotus · 1967
2 sentences

2024Such circumstances have been found, for example, to justify entry in the case of hot pursuit, the destruction of evidence, flight of a suspect, and where emergency aid was required by someone within.” Id. (internal citations omitted); see also State v. Baker, 350 Or 641, 649 , 260 P3d 476 (2011) (recognizing, in addition to the exceptions listed in Davis, an officer-safety exception).

2024Such circumstances have been found, for example, to justify entry in the case of hot pursuit, the destruction of evidence, flight of a suspect, and where emergency aid was required by someone within.” Id. (internal citations omitted); see also State v. Baker, 350 Or 641, 649 , 260 P3d 476 (2011) (recognizing, in addition to the exceptions listed in Davis, an officer-safety exception).

22024–2024
State v. Miller green
or · 2018
22022–2022
State v. Miller green
or · 2018
22022–2022
State v. Guggenmos green
or · 2011
22013–2019
State v. Cocke green
or · 2002
22002–2019
State v. Madden neutral
orctapp · 2017
22017–2018
State v. Morgan green
or · 2010
22011–2018
State v. Messer green
orctapp · 1984
22015–2018
State v. Ashbaugh green
or · 2010
22015–2017
State v. Paulson green
or · 1992
22016–2016
State v. Davis green
or · 1983
22002–2009
State v. Scheirman green
orctapp · 2018
12021–2021
State v. Caster neutral
or · 2010
12020–2020
State v. Caster green
orctapp · 2010
12020–2020
State v. Beylund green
orctapp · 1999
12020–2020
State v. Powell neutral
or · 2018
12020–2020
State v. Navickas green
orctapp · 2015
12019–2019
State v. Davis green
or · 2009
12018–2018
State v. Miglavs green
orctapp · 2003
12018–2018
State v. Redmond green
orctapp · 1992
12018–2018
State v. Pope green
orctapp · 1998
12017–2017
State v. Thomas green
orctapp · 2016
12017–2017
State v. Lee green
orctapp · 2014
12016–2016
State v. Miller green
orctapp · 2014
12016–2016
State v. Davenport green
orctapp · 2015
12016–2016
State v. Jackson neutral
or · 2004
12016–2016
State v. Jackson green
orctapp · 2003
12016–2016
State v. Bridgeman green
orctapp · 2001
12015–2015
State v. Backstrand green
or · 2013
12014–2014
State v. Amaya green
or · 2004
12014–2014

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 166.250 (18) OR § Or. Rev. Stat. § 166.270 (15) OR § Or. Rev. Stat. § 475.894 (15) OR § Or. Rev. Stat. § 131.615 (11) OR § Or. Rev. Stat. § 810.410 (11) OR § Or. Rev. Stat. § 131.605 (9) OR § Or. Rev. Stat. § 166.240 (8) OR § Or. Rev. Stat. § 475.854 (6) OR § Or. Rev. Stat. § 131.005 (5) OR § Or. Rev. Stat. § 135.335 (5) OR § Or. Rev. Stat. § 162.247 (5) OR § Or. Rev. Stat. § 475.752 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OR 89 (1992–2026) WA 5 (2001–2013) IA 3 (2017–2017) CA 2 (2021–2022) ND 2 (2006–2021) WV 2 (2018–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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