and submitted May 31, 2019
Washington County Circuit Court 17CR56148; Janelle F. Wipper,
Patrick M. Ebbett, Assistant Attorney General, argued the
cause for appellant. Also on the brief were Ellen F.
Rosenblum, Attorney General, and Benjamin Gutman, Solicitor
Chananudech, Deputy Public Defender, argued the cause for
respondent. Also on the brief was Ernest G. Lannet, Chief
Defender, Criminal Appellate Section, Offce of Public Defense
Armstrong, Presiding Judge, and Tookey, Judge, and Shorr,
Summary: The state appeals from an order granting
defendant's motion to suppress evidence. The suppressed
evidence was obtained by a sheriff's deputy after the
deputy stopped defendant. On appeal, the state contends that
the trial court erred when it concluded that, at the time of
the stop, the deputy lacked reasonable suspicion that
defendant had committed a crime. Held: The trial
court erred. The deputy's suspicion that defendant had
committed the crime of unlawful entry into a motor vehicle
was objectively reasonable under the totality of the
circumstances existing at the time of the stop.
Or.App. 772] TOOKEY, J.
state appeals from a trial court order suppressing evidence
acquired by a sheriffs deputy after the deputy stopped
defendant. On appeal, the state contends that the trial court
erred when it concluded that the deputy lacked reasonable
suspicion that defendant had committed a crime. For the
reasons that follow, we reverse and remand.
STANDARD OF REVIEW
review a trial court's [ruling on] a motion to suppress
for legal error." State v. Fuller, 296 Or.App.
425, 426, 438 P.3d 431 (2019) (citing State v.
Maciel-Figueroa, 361 Or. 163, 165, 389 P.3d 1121
(2017)). "We are bound by the court's factual
findings if there is constitutionally sufficient evidence in
the record to support them." Id. "If the
court did not enter express findings and there is
'evidence from which the trial court could have found a
fact in more than one way, we will presume that the trial
court decided the facts consistently' with its ultimate
legal conclusion." Id. (quoting
Maciel-Figueroa, 361 Or at 166).
HISTORICAL AND PROCEDURAL FACTS
12:48 a.m., Deputy Waterbury responded to a report from
dispatch. A named caller had reported a car prowl near a
house on Southwest Alexander Street in Aloha, Oregon.
Waterbury learned from the dispatcher that a caller had seen
a man in her vehicle "going through things." The
caller described the suspect as a "white male in [his]
30s with long brown hair, and a beard." The caller also
reported that the suspect was wearing a red hat and shorts.
Dispatch advised Waterbury that the caller had seen the
suspect walk away from her car and toward a vehicle, and that
the vehicle then "took off."
minutes later, at 12:51 a.m., as Waterbury drove toward the
location of the car prowl, he saw defendant just around the
corner from the caller's address. Defendant was
approximately a block away from the location of the car prowl
and was the only person Waterbury saw on the street at that
time. Waterbury pulled over, turned off his headlights, and
walked over to defendant, who was smoking a [298 Or.App. 773]
cigarette next to a parked car. Waterbury testified that he
believed that defendant matched the caller's description
of the car prowler: "He was white, approximately 30s,
beard, and long brown hair." Waterbury did not recall
whether defendant was wearing a hat at the time of the stop
and did not testify regarding whether defendant was wearing
approaching defendant, Waterbury identified himself and asked
defendant "what he was doing there." Defendant
responded that he was "just relaxing, having a
smoke." After further conversation, Waterbury asked
defendant for his identification. After defendant gave the
identification to Waterbury, defendant asked Waterbury what
"this was all about," and Waterbury told defendant
that he matched the description of a suspect who had broken
into a car.
some additional conversation between defendant and Waterbury,
defendant said "he wanted to be honest," and told
Waterbury that he "went into someone's car"
that night. Subsequently, defendant was arrested and charged
with, among other offenses, one ...