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State v. Hall

Citations

  • 115 P.3d 908
  • 339 Or. 7
  • 2005 Ore. LEXIS 374

How courts have described this case

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

  • concluding that police seized defendant when they took defendant's identification for warrant check, because reasonable person would not feel free to leave when person is subject of pending warrant check
  • concluding that police seized defendant when they took defendant’s identification for warrant check, because reasonable person would not feel free to leave when person is subject of pending warrant check
  • concluding that “it [is] difficult to posit that a reasonable person would think that he or she was free to leave at a time when that person is the investigatory subject of a pending warrant check”
  • noting that “the state has the burden to prove that the defendant’s consent was independent of, or only tenuously related to, the unlawful police conduct”
  • explaining that the defendant was seized when the police took the defendant’s identification and radioed police dispatch for a warrants check
  • noting that the reasoning in a statutory violation case has equal application in an Article I, section 9, analysis

Source: CourtListener parenthetical corpus (CC0).

Judges: Carson, Gillette, Durham, Riggs, De Muniz Balmer

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases with this name

Sourced 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.