and submitted August 16, 2019.
County Circuit Court 17CR35313 Susan M. Tripp, Judge.
Belais, Deputy Public Defender, argued the cause for
appellant. Also on the brief was Ernest G. Lannet, Chief
Defender, Criminal Appellate Section, Office of Public
L. Smith, Deputy Solicitor General, argued the cause for
respondent. Also on the brief were Ellen F. Rosenblum,
Attorney General, and Benjamin Gutman, Solicitor General.
Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.
appeals a judgment of conviction for driving under the
influence of intoxicants and refusal to take a test for
intoxicants. Defendant appeals following his conditional
guilty plea. Defendant assigns error to the trial court's
denial of his pretrial motion to suppress evidence resulting
from a traffic stop. Defendant asserts that, because the
officer did not have reasonable suspicion that defendant had
committed a crime, the stop was unlawful under Article I,
section 9, of the Oregon Constitution.
trial court erred in denying defendant's motion to
suppress because the facts known to the officer at the time
of the stop were insufficient to support a reasonable
suspicion that defendant had committed a crime.
Or.App. 230] SHORR, J.
appeals from a judgment of conviction for driving under the
influence of intoxicants, ORS 813.010, and refusal to take a
test for intoxicants, ORS 813.095. Defendant assigns error to
the trial court's denial of his pretrial motion to
suppress evidence resulting from a traffic stop. We conclude
that the court's ruling was erroneous because the stop
from which the state obtained the evidence was not based on a
reasonable suspicion that defendant had committed a crime.
Accordingly, we reverse and remand.
accept the trial court's factual findings that are
supported by evidence in the record. State v.
Vasquez-Villagomez, 346 Or. 12, 23, 203 P.3d 193 (2009).
Further, "[i]n the absence of express factual findings,
we presume that the trial court decided the disputed facts in
keeping with its ultimate conclusion." State v.
Garcia, 276 Or.App. 838, 839, 370 P.3d 512 (2016). The
following facts are stated consistently with that standard.
night on January 28, 2017, Officer Jason Conwell received a
dispatch from the Salem Police Department telling him that a
named 9-1-1 caller reported that there was a woman
"screaming and saying she was choked out" and that
there was a man walking away from a crowd gathering around
the woman. The caller had not "seen anything
physical," and he did not know the woman or the man. But
the caller reported that the man was driving south on
Commercial Street in a red Ford car, and he reported the
car's license plate number. Conwell looked up the
car's information to discover its registered owners, one
of which was defendant. Soon after, defendant drove by
Conwell in a red Ford car matching the caller's
description. After confirming that the license plate number
matched as well, Conwell pulled defendant over. Based on