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STATE v. AMAYA

(D9707503M; CA A104692; SC S49344).

89 P.3d 1163 (2004)

336 Or. 616

STATE of Oregon, Respondent on Review, v. Rosita AMAYA, Petitioner on Review.

Supreme Court of Oregon.

Decided April 29, 2004.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief was David E. Groom, State Public Defender.

Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.

BALMER, J.

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...

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