· 10/2/1946
Protests 57360-K of Ratsey & Lapthorn, Inc.
Citations
- 17 Cust. Ct. 190
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the defendant was seized where the officer approached the defendant in his parked van, asked for and retained his ID, and then questioned the defendant’s girlfriend behind the van while running a background check on the defendant
- considering loca- tion and time of night in analysis of whether the defendant was seized
- courts must con- sider the circumstances as a whole in evaluating whether an encounter transformed into a seizure
- while “location does not, of itself, convert an otherwise lawful encounter to a seizure,” it still has “some bearing” in the analysis
- “Our conclusion that defendant was stopped for purposes of Article I, section 9, without reasonable suspicion, fully resolves the appeal, because the state has not made any argument that the challenged evidence was, nevertheless, admissible.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ekwall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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