State v. Amaya

In this criminal case, we consider the extent to which a police officer who has made a valid traffic stop of a vehicle may question a person in the vehicle about safety matters unrelated to the purpose of the stop. We hold, first, that ORS 810.410(3)(d), set out below, permitted the police officer’s inquiries of defendant, who was a passenger in the stopped vehicle. We further hold that, because the officer reasonably was concerned for his safety, Article I, section 9, of the Oregon Constitution permitted his inquiry. Accordingly, we agree with the Court of Appeals that the trial court did…