Court of Appeals of Oregon· 12/13/2006

State v. Brown

Citations

149 P.3d 294
209 Or. App. 699
2006 Ore. App. LEXIS 1936

How courts have described this case

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

requesting a defendant’s identification and performing a warrant check constituted an unlawful stop; returning identification and telling the defendant he was free to go did not break the causal nexus between illegality and subsequent discovery of evidence
accepting, in context of reviewing lawfulness of stop, the state’s implicit, but necessary, concession that a “building housing a Head Start program” is not a school of the sort described in, and prescribed by, former ORS 475.999
although officer had returned defendant’s identification and told him that he was free to leave, officer immediately followed up by asking for permission to search, and fruits of search must be suppressed
“Although returning a suspect’s identification and telling him or her that he or she is free to leave are both factors that may indicate that a stop has ended, they are not dispositive.”
where officer approached vehicle without reasonable suspicion, and several officers gathered around the defendant’s car and made multiple requests to search, court concluded that the defendant was stopped despite the fact that one officer had told him he was free to go

Source: CourtListener parenthetical corpus (CC0).

Judges: Schuman, Ortega, Rosenblum

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