· 8/15/2023
State ex rel. Monsanto Company, Relator v. The Honorable Michael Mullen
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “whether the officer’s comments fit the text- book definition of an accusation” is not alone determinative of whether a defendant was seized
- explaining that “the critical question * * * depends on the totality of the circumstances and the extent to which those circumstances would lead reasonable people to believe that their liberty or freedom of movement has been signifi- cantly restricted”
- addressing when verbal statements by law enforcement will constitute a stop or seizure under the state constitution
- explain- ing that we “assume that the trial court decided historical facts necessary to its legal conclusions in a manner consis- tent with those conclusions”
- court did “not foreclose” considering defendant’s “language, race, and culture in deciding what a ‘reasonable person’ in defendant’s position would believe”
- “[T]he critical question * * * depends on the totality of the circumstances and the extent to which those circumstances would lead reasonable people to believe that their liberty or freedom of movement has been significantly restricted.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Russell, C.J., Breckenridge, Fischer, Ransom and Wilson, JJ., concur; Draper, J., dissents in part and concurs in part in separate opinion filed.
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.