Chapter 9.12
STOP AND FRISK1
Sections:
9.12.020 Reasonable detention and inquiry.
9.12.010 Definitions.
As used in this chapter, unless the context requires otherwise:
A. A “frisk” is an external patting of a person’s outer clothing.
B. “Reasonably suspects” means that a police officer holds a belief that is reasonable under the totality of the circumstances existing at the time and place he acts as authorized in this chapter.
C. A “stop” is a temporary restraint of a person’s liberty by a peace officer lawfully present in any place. (Ord. 1163 §3(a), 1974).
9.12.020 Reasonable detention and inquiry.
A. A police officer who reasonably suspects that a person has committed a crime may stop the person and, after informing the person that he is a police officer, make a reasonable inquiry.
B. The detention and inquiry shall be conducted in the vicinity of the stop and for no longer than a reasonable time.
C. The inquiry shall be considered reasonable only if limited to the immediate circumstances that aroused the officer’s suspicion. (Ord. 1163 §3(b), 1974).
9.12.030 Frisk.
A. A peace officer may frisk a stopped person for dangerous or deadly weapons if the officer reasonably suspects that the person is armed and presently dangerous to the officer or the other person present.
B. If, in the course of the frisk, the police officer feels an object which he reasonably suspects is a dangerous or deadly weapon, he may take such action as is reasonably necessary to take possession of the weapon. (Ord. 1163 §3(c), 1974).
For statutory provisions concerning detention and interrogation of persons suspected of theft committed in a store, see ORS 133.037.