State v. Evans

How courts have described this case

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

• holding that police seized defendant by a show of authority when they continued to question him regarding the contents of his pocket after their initial inquiry did not provide reasonable suspicion of criminal activity
• “[T]he constraint of volition is equally real whether it arises by implication from the color of authority of the police or from their express command.”
• “Restraint of liberty can arise either by means of physical force or show of authority, and the constraint of volition is equally real whether it arises by implication from the color of authority of the police or from their express command.” (Citation omitted.)
• “Restraint of liberty can arise either by means of physical force or show of authority * * * and the constraint of volition is equally real whether it arises by implication from the color of authority of the police or from their express command.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• State v. Valdez
  Oregon Supreme Court· 1977-03-24· cited 229×
• State v. Carter
  Court of Appeals of Oregon· 1978-05-08· cited 62×
• State v. Jackson
  Oregon Supreme Court· 1984-02-15· cited 46×
• State v. Amaya
  Court of Appeals of Oregon· 2001-08-15· cited 37×
• State v. Gressel
  Oregon Supreme Court· 1976-09-30· cited 36×
• State v. Jestice
  Supreme Court of Vermont· 2004-08-18· cited 34×
• Worthy v. State
  Court of Criminal Appeals of Alabama· 1985-05-14· cited 33×
• State v. Foster
  Supreme Court of South Carolina· 1977-09-14· cited 28×
• State v. Johnson
  Court of Appeals of Oregon· 1991-02-13· cited 27×
• State v. Jackson
  Court of Appeals of Oregon· 2014-12-31· cited 24×
• State v. Brown
  Court of Appeals of Oregon· 1977-11-07· cited 20×
• State v. Canape
  Court of Appeals of Oregon· 1980-06-02· cited 17×
• State v. Perry
  Court of Appeals of Oregon· 1979-03-05· cited 17×
• State v. Cross
  Court of Appeals of Oregon· 1975-12-08· cited 16×
• State v. Harris
  Court of Appeals of Oregon· 1976-04-05· cited 16×
• Walker v. City of Portland
  Court of Appeals of Oregon· 1985-01-23· cited 15×
• State v. Brown
  Court of Appeals of Oregon· 1992-01-15· cited 14×
• State v. Hall
  Court of Appeals of Oregon· 2002-07-31· cited 13×
• State v. Valdez
  Court of Appeals of Oregon· 1976-11-15· cited 10×
• State v. Collicott
  Court of Appeals of Oregon· 1982-04-05· cited 9×

Cites

13 cases in this archive are cited by this case.

• Miranda v. Arizona
  Supreme Court· 1966-06-13· cited 58,288×
• Terry v. Ohio
  Supreme Court· 1968-06-10· cited 37,942×
• Wong Sun v. United States
  Supreme Court· 1963-01-14· cited 12,871×
• Cupp v. Murphy
  Supreme Court· 1973-05-29· cited 739×
• International Brotherhood of Electrical Workers, Local No. 38 v. United States
  Supreme Court· 1970-12-07· cited 148×
• State v. Cloman
  Oregon Supreme Court· 1969-06-18· cited 145×
• State v. Keith
  Court of Appeals of Oregon· 1970-03-05· cited 96×
• State v. Corbett
  Court of Appeals of Oregon· 1973-12-03· cited 64×
• State v. Murphy
  Court of Appeals of Oregon· 1970-03-12· cited 35×
• State v. Childers
  Court of Appeals of Oregon· 1973-06-18· cited 22×
• State v. Head
  Court of Appeals of Oregon· 1973-04-25· cited 13×
• State v. Hogg
  Court of Appeals of Oregon· 1971-11-05· cited 8×
• Murphy v. Oregon
  Supreme Court· 1970-12-07· cited 6×