· 8/15/1945
Protests 877765-G of International Harvest Hat Co.
Citations
- 15 Cust. Ct. 250
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- applying that reasoning in context of Article I, section 9
- discussing lack of mitigating circumstances, like the defendant having been told that he was free to leave
- observing that, in support of its argument that evidence need not be suppressed, “the state relied upon the per se rule of attenuation set forth in Dempster, 248 Or at 404”; applying the factors set forth in Unger to determine whether the state met its burden to establish attenuation
- summarizing the Unger test as a determination of whether “the violation of [the] defendant’s rights had such a tenuous factual link to the disputed evidence that the unlawful police conduct cannot be properly viewed as the source of that evidence”
- summarizing the Unger test as a determination of whether “the violation of [the] defendant’s rights had such a tenuous factual link to the disputed evidence that the unlawful police conduct cannot be properly viewed as the source of that evidence”
- communicating to the defendant that the person should “hang on there, or hang on a second,” while police went to check identification “would have com- municated to a reasonable person that the person was not free to terminate the encounter or decline”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tilson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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