Hedge v. McQuaid

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that a passen- ger in a stopped vehicle is not automatically seized under Article I, section 9, but that, under the Fourth Amendment, an officer effectively seizes everyone in the vehicle
• remanding under analogous cir- cumstances, including new case law and the need for a fac- tual finding
• vacating and remanding for the trial court to address the applicable standard and “for any additional factfinding that may be necessary”
• explaining that “the descend- ing hierarchy of importance in evaluating whether an issue is preserved is first and most important, identifying the issue; second, and less important, identify- ing the source of law; and third, and least important, the particular argument”
• remanding for additional factual finding when new case law made the court unsure whether the trial court applied the correct legal standard
• explaining a passenger in a stopped vehicle is not seized when viewing the encounter “through the lens of Article I, section 9” but is seized viewing the encounter “through the lens of the Fourth Amendment”

Source: CourtListener parenthetical corpus (CC0).