Pooler v. Motor Vehicles Division

How courts have described this case

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

• concluding that administrative hearing officer must determine validity of arrest in driving under the influence license revocation proceeding and because state conceded that arrest was unlawful, evidence obtained from stop was excluded
• holding that “an unlawful stop may ‘invalidate’ an ensuing arrest” and that, “[w]ithout a valid arrest, there can be no request to take a breath test which may lead to a lawful suspension”
• concluding that by using term \arrest\ as prerequisite for testing, legislature must have intended a valid arrest, and declining to attribute legislative intent to approve unconstitutional actions by police to stop drivers randomly without probable cause or reasonable suspicion
• explaining that an arrest is not invalid simply because a stop was unlawful; rather, an arrest is invalid if “it follows as a consequence of and depends upon” an unconstitutional stop
• assuming without rationale that exclusionary rule applied in civil ALR proceeding
• unlawful stop may invalidate an ensuing arrest, but only through the exclusion of evidence garnered from the stop

Source: CourtListener parenthetical corpus (CC0).

Cited by

40 cases in this archive cite this case; the 20 most cited are listed.

• Martin v. Kansas Department of Revenue
  Supreme Court of Kansas· 2008-02-01· cited 136×
• Murphy v. Commonwealth
  Court of Appeals of Virginia· 1989-09-26· cited 127×
• State v. Juarez-Godinez
  Oregon Supreme Court· 1997-08-21· cited 79×
• State v. Lussier
  Supreme Court of Vermont· 2000-04-28· cited 72×
• State v. Williamson
  Oregon Supreme Court· 1989-04-18· cited 61×
• Schuster v. New Mexico Dep't. of Taxation & Revenue
  New Mexico Supreme Court· 2012-07-26· cited 57×
• Powell v. Secretary of State
  Supreme Judicial Court of Maine· 1992-10-08· cited 46×
• Motor Vehicle Administration v. Shepard
  Court of Appeals of Maryland· 2007-05-15· cited 35×
• State v. Thill
  South Dakota Supreme Court· 1991-07-17· cited 27×
• State v. Schellhorn
  Court of Appeals of Oregon· 1989-02-22· cited 24×
• Commonwealth v. Metz
  Superior Court of Pennsylvania· 1992-02-04· cited 23×
• Chase v. Neth
  Nebraska Supreme Court· 2005-05-27· cited 22×
• Nevers v. State, Department of Administration, Division of Motor Vehicles
  Alaska Supreme Court· 2005-10-28· cited 22×
• State v. Skiles
  Court of Criminal Appeals of Texas· 1997-01-29· cited 21×
• State v. Giessinger
  Nebraska Supreme Court· 1990-04-20· cited 18×
• Supension of Driving Privileges of Cole v. Driver & Motor Vehicle Services Branch
  Oregon Supreme Court· 2004-04-08· cited 17×
• Howard v. Voshell
  Superior Court of Delaware· 1992-06-19· cited 15×
• Miller v. Toler
  West Virginia Supreme Court· 2012-06-06· cited 13×
• Hartman v. State, Department of Administration, Division of Motor Vehicles
  Alaska Supreme Court· 2007-01-26· cited 11×
• Hilton v. Motor Vehicles Division
  Oregon Supreme Court· 1989-06-27· cited 10×

Cites

9 cases in this archive are cited by this case.

• State v. Valdez
  Oregon Supreme Court· 1977-03-24· cited 229×
• Molodyh v. Truck Insurance Exchange
  Oregon Supreme Court· 1987-11-03· cited 66×
• State v. Ratliff
  Oregon Supreme Court· 1987-10-20· cited 56×
• Heer v. Department of Motor Vehicles
  Oregon Supreme Court· 1969-02-13· cited 51×
• State v. Boyanovsky
  Oregon Supreme Court· 1987-09-15· cited 46×
• State v. Anderson
  Oregon Supreme Court· 1987-09-15· cited 27×
• Pooler v. Motor Vehicles Division
  Court of Appeals of Oregon· 1987-12-02· cited 19×
• Leabo v. State
  Court of Appeals of Oregon· 1980-05-05· cited 12×
• Brinkley v. Motor Vehicles Division
  Court of Appeals of Oregon· 1980-07-14· cited 8×

Other cases named Pooler v. Motor Vehicles Division

1 other CourtListener record shares this case name.

• Pooler v. Motor Vehicles Division
  Court of Appeals of Oregon· 1987-12-02· cited 19×