Oregon Supreme Court· 11/6/2014

State v. Bailey

Citations

356 Or. 486
338 P.3d 702
2014 Ore. LEXIS 813

How courts have described this case

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

explaining that evidence must be excluded where the police detain a defendant “‘for investigation’ or for ‘questioning’”
noting that, under the Fourth Amendment, the state bears the “burden to establish attenuation” and identifying factors pertaining to assessment of attenuation
determining that the traffic stop was a flagrant unlawful detention because what should have been a five-minute stop lasted about 37 minutes
[quoting] Arizona v. Johnson, 555 US 323, 327, 129 S Ct 781, 172 L Ed 2d 694 (2009); Brendlin v. California, 551 US 249, 255, 127 S Ct 2400, 168 L Ed 2d 132 (2007)
determining under the Brown test that, “because the temporal break between the unlawful detention and the discovery of the evidence was brief, that factor bears some weight in favor of suppression.”
officers’ investigatory detention of the defendant after the lawful basis for traffic stop ended was flagrant and purposeful

Source: CourtListener parenthetical corpus (CC0).

Judges: Brewer

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Cited by

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

Cites

52 cases in this archive are cited by this case; the 20 most cited are listed.

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