State v. K. A. M.

Summary

The Oregon Supreme Court held that a police detective stopped the youth by entering a bedroom in a drug house without explanation, accusing the youth’s companion of methamphetamine use, and asking whether they possessed anything illegal. The court concluded that the totality of the circumstances would lead a reasonable person to believe they were not free to leave. It reversed the Court of Appeals and trial court and remanded for determination of whether the stop was supported by reasonable suspicion.

Holdings

1. A stop occurred because, under the totality of the circumstances, a reasonable person would have perceived that Schwab was exercising his authority to detain the occupants of the bedroom.
2. The court did not decide whether youth's age may be considered under Article I, section 9, because the issue was not preserved, K. A. M. was nearly 18, and the circumstances apart from age were sufficient to establish a stop.
3. The court did not decide whether the stop was justified by reasonable suspicion and remanded for the trial court to resolve potentially disputed factual issues relevant to that question.

Questions Presented

1. Whether Schwab's conduct constituted a stop or seizure under Article I, section 9, of the Oregon Constitution.
2. Whether the court should consider K. A. M.'s age in determining whether a reasonable person would have felt free to leave.
3. If a stop occurred, whether it was justified by reasonable suspicion that K. A. M. or the young woman had engaged in criminal activity.

Disposition

reversed_and_remanded