State v. Miller

Defendant has petitioned for reconsideration of our decision in State v. Miller , 363 Or. 374, 422 P.3d 240 (2018), in which we held that the officer who was about to administer field sobriety tests to defendant during a lawful investigatory stop did not unlawfully extend the stop by asking if defendant was carrying a firearm because (1) the officer perceived a circumstance-specific danger and decided that an inquiry about weapons was *900necessary to address that danger; and (2) the officer's perception and decision were objectively reasonable. Defendant correctly identifies a potential…