· 6/7/1988
Pooler v. Motor Vehicles Division
Citations
- 755 P.2d 701
- 306 Or. 47
- 1988 Ore. LEXIS 256
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).
Judges: Carson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.