ORS 131.625
Frisk of stopped persons


(1)

A peace officer may frisk a stopped person for dangerous or deadly weapons if the officer reasonably suspects that the person is armed and dangerous to the officer or other persons present.

(2)

If, in the course of the frisk, the peace officer feels an object which the peace officer reasonably suspects is a dangerous or deadly weapon, the peace officer may take such action as is reasonably necessary to take possession of the weapon. [1973 c.836 §32; 1997 c.866 §3]

Source: Section 131.625 — Frisk of stopped persons, https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html.

Notes of Decisions

A visual search of the defendant’s person is less intrusive upon privacy than a frisk and it is therefore permissible if a frisk is permitted. State v. Fent, 29 Or App 249, 562 P2d 1239 (1977), Sup Ct review denied

Where officer had made lawful stop of defendant pursuant to ORS 131.615, and had reasonable cause to suspect that defendant might possess dangerous weapons, officer was not required to make any inquiry prior to frisk of defendant. State v. Miner, 31 Or App 495, 570 P2d 998 (1977)

Violation of this section by police officer, in frisking suspected armed robber, required exclusion from evidence of drugs found in suspect’s pocket, notwithstanding that frisking was good faith effort by officer to protect self and fellow officer from physical harm. State v. Fairley, 282 Or 689, 580 P2d 179 (1978)

Where officer removed spiral notebook from defendant’s pocket in course of patdown, he did not have reasonable belief that “large, bulky object” was dangerous or deadly weapon. State v. Kurtz, 46 Or App 617, 612 P2d 749 (1980), Sup Ct review denied

That defendant matched fairly closely description of burglar could not alone have given rise to probable cause for arrest; that and additional fact defendant turned and ran after voluntarily agreeing to accompany officer to burglary scene did; officer had probable cause to arrest and search was incident to arrest. State v. Battle, 58 Or App 224, 648 P2d 411 (1982)

Where police had neither reasonable suspicion that defendant had committed a crime nor cause to place him under civil commitment hold or medical emergency, the frisk was unlawful, as were subsequent search and seizure. State v. Hampton, 59 Or App 512, 651 P2d 744 (1982)

Even assuming that defendant was lawfully stopped on reasonable suspicion of trafficking in narcotics, the warrantless seizure of defendant’s bag for one hour and twenty minutes until a narcotics-sniffing dog was summoned was unlawful because this section limits seizures in connection with a stop to dangerous or deadly weapons. State v. Dupay, 62 Or App 798, 662 P2d 736 (1983), Sup Ct review denied

That officer was aware from prior experience and training that downtown bus mall had reputation for weapons-carrying narcotics offenders did not, in absence of additional facts related to person in question, provide reasonable suspicion to believe that person stopped for possession of less than ounce of marijuana was armed and dangerous. State v. Baldwin, 76 Or App 723, 712 P2d 120 (1985), Sup Ct review denied

Where defendant, passenger in automobile originally stopped for traffic violation, sought to suppress evidence seized during frisk by challenging stop and frisk, stop was proper under ORS 131.615 and same facts that justified stop necessarily justified reasonable suspicion that defendant was armed and dangerous, making frisk proper under this section. State v. Bowen, 88 Or App 584, 746 P2d 249 (1987), Sup Ct review denied

Before lawful frisk may be conducted under this section there must have been lawful stop and mere intuition of officer cannot form entire basis for reasonable suspicion. State v. Houghton, 91 Or App 71, 754 P2d 13 (1988)

Where police officers knew arrest warrant existed for owner of vehicle for manufacture and transportation of methamphetamines, saw equipment commonly used for such manufacture in back of vehicle and knew people involved in manufacture and transportation of methamphetamines commonly carry weapons, circumstances justified suspicion that defendant was armed and dangerous. State v. Bechtold, 99 Or App 593, 783 P2d 1008 (1989), Sup Ct review denied

This section requires more than two generalized concerns to justify frisk; there must be particularized facts which give rise to reasonable suspicion that suspect poses immediate threat. State v. Matthys, 106 Or App 276, 808 P2d 94 (1991), Sup Ct review denied

Where officer had reasonable and articulable basis for believing object might contain weapon, seizure of object was reasonable. State v. Lumpkin, 133 Or App 265, 891 P2d 660 (1995), Sup Ct review denied

Belief that person has committed nonviolent crime does not, by itself, give rise to reasonable suspicion that person is armed. State v. Dyer, 141 Or App 6, 917 P2d 51 (1996)

Statutory power to frisk does not act as outer limitation on permissible officer safety measures. State v. Rickard, 150 Or App 517, 947 P2d 215 (1997), Sup Ct review denied

131.005
General definitions
131.007
“Victim” defined
131.015
Application to prior and subsequent actions
131.025
Parties in criminal action
131.035
When departures, errors or mistakes in pleadings or proceedings are material
131.040
When law enforcement officer may communicate with person represented by counsel
131.045
Appearances by simultaneous electronic transmission
131.105
Timeliness of criminal actions
131.125
Time limitations
131.135
When prosecution commenced
131.145
When time starts to run
131.155
Tolling of statute
131.205
Definition for ORS 131.205 to 131.235
131.215
Jurisdiction
131.225
Exceptions
131.235
Criminal homicide
131.305
Place of trial
131.315
Special provisions
131.325
Place of trial
131.335
Change of venue
131.345
Motion for change of venue
131.355
Change of venue for prejudice
131.363
Change of venue in other cases
131.375
Notification on change of venue
131.385
When change of venue is complete
131.395
Expenses of change
131.405
Attendance of defendant at new place of trial
131.415
Conveyance of defendant in custody after change of venue
131.505
Definitions for ORS 131.505 to 131.525
131.515
Previous prosecution
131.525
Previous prosecution
131.535
Proceedings not constituting acquittal
131.550
Definitions for ORS 131.550 to 131.600
131.553
Legislative findings
131.556
Right, title and interest in forfeited property vests in seizing agency
131.558
Property subject to forfeiture
131.561
Seizure of property subject to forfeiture
131.564
Status of seized property
131.566
Motor vehicle with hidden compartment
131.567
Recorded notice of intent to forfeit real property
131.570
Notice of seizure for forfeiture
131.573
Petition for expedited hearing
131.576
Order restoring custody of property after expedited hearing
131.579
Affidavit in response to notice of seizure for forfeiture
131.582
Prosecution of criminal forfeiture
131.585
Extent of judgment
131.588
Judgment of forfeiture
131.591
Equitable distribution of property or proceeds
131.594
Disposition and distribution of forfeited property when seizing agency not the state
131.597
Disposition and distribution of forfeited property when seizing agency is the state
131.600
Record keeping and reporting requirements
131.602
Prohibited conduct for purposes of instrumentalities of crime
131.604
Disposition of forfeited cigarettes
131.605
Definitions for ORS 131.605 to 131.625
131.615
Stopping of persons
131.625
Frisk of stopped persons
131.655
Detention and interrogation of persons suspected of theft committed in a store or unlawful operation of audiovisual device in a motion picture theater
131.665
Prevention by public officers
131.675
Dispersal of unlawful assemblages
131.685
Authority of Governor to enter into agreements with other states for crime prevention purposes
131.705
Definitions for ORS 131.705 to 131.735
131.715
Proclamation of emergency period by Governor
131.725
Exclusion from public property
131.735
Review of exclusion order
131.805
Authority to employ special agents
131.815
Presentment of facts to circuit court
131.825
Hearing
131.835
Request that judge of another district conduct hearing
131.845
Findings
131.855
Appointment of special officers on finding that laws are not enforced
131.860
Qualifying of special officers
131.865
Compensation of special officers
131.875
Effect of appointment of special officers on salary of regular officers
131.880
Appointment of railroad police officers
131.885
Offer of reward
131.890
Entitlement to reward
131.892
Offer of reward for information on commission of criminal offense
131.895
Procedure for payment
131.897
Authority to order repayment of reward as part of sentence
131.900
Liability for medical expenses for person restrained, detained or taken into custody
131.905
Legislative findings
131.906
Law Enforcement Contacts Policy and Data Review Committee
131.908
Funding contributions
131.909
Moneys received
131.915
Definitions
131.920
Policies and procedures prohibiting profiling
131.925
Complaints alleging profiling
131.930
Definitions
131.935
Collection of officer-initiated stop data
131.940
Analysis of stop data to identify profiling
131.945
Training for law enforcement agencies
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