Submitted September 24, 2013
Multnomah County Circuit Court No. 110646544, Leslie M. Roberts, Judge.
Peter Gartlan, Chief Defender, and Erin Snyder, Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. On the reply brief were Peter Gartlan, Chief Defender, and Kyle Krohn, Deputy Public Defender, Office of Public Defense Services.
Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and David B. Thompson, Senior Assistant Attorney General, filed the brief for respondent.
Before Ortega, Presiding Judge, and Sercombe, Judge, and Hadlock, Judge.
[265 Or.App. 232] ORTEGA, P. J.
Defendant appeals a judgment of conviction for unlawful possession of heroin, ORS 475.854. She assigns error to the trial court's denial of her motion to suppress evidence, arguing that the officer stopped her without reasonable suspicion because the informant's report lacked sufficient " indicia of reliability" to establish reasonable suspicion. Because we conclude that the informant's report was reliable, we affirm.
This court reviews the denial of a motion to suppress for errors of law and we are bound by the trial court's findings of historical facts as long as there is constitutionally sufficient evidence in the record to support those findings. State v. Ehly, 317 Or. 66, 75, 854 P.2d 421 (1993).
On the day in question, a front desk clerk at a Portland motel received several calls from the guests staying in the room next to defendant's room. In the first call, the guests complained that there were some people outside defendant's room displaying " twitchy" body movements. They also reported that a " really dirty" Lexus had driven through the motel's parking lot a couple of times. The clerk walked around the property twice and saw two " girls" standing outside that motel room and an occupied " white Lexus" parked directly in front of the room, which was located on the ground floor of the motel. The clerk took a photo of the car's license plate. Although the clerk did not see any communication between the people in the Lexus and the " girls" in the room, he assumed that " there [was] association between the two parties."
About 15 minutes later, the guests called again, telling the clerk that they had seen people inside the Lexus arguing and weighing things on a small scale. The clerk called the police and reported what the guests had told him, but the person who answered his call told him that there was not enough information to send an officer to the scene. About 30 minutes later, the guests called to complain to the clerk for a third time. They told the clerk that they had seen " a cash transaction [between] the girls that were in the room and the people inside the Lexus and then an [265 Or.App. 233] exchange." The clerk called the police again and reported what the guests had seen; Portland Police Officers Kemple and Almos arrived 10 to 15 minutes later. Kemple was armed, in uniform, and wearing a badge.
Upon the officers' arrival, the clerk informed them of what the guests had told him, what he had seen when he walked around the property, and that the room was ...