State v. Hawkins

How courts have described this case

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

• no attenuation where evidence was gained in the course of unlawful stop and no evidence was presented about whether the defendant’s statements were volunteered or prompted by questioning
• statements derive from unlawful conduct if made during an unlawful seizure
• where there was a minimal factual connection between the unlawful stop and the evidence sought to be suppressed, the state had the burden to establish that the evidence would have been obtained independently or that the connection between the seizure and the evidence was attenuated
• “When officers execute a search warrant and have reason to believe that at least some of the persons present are armed and dangerous, officer safety concerns permit officers to handcuff and detain all persons who are present, even persons not named in the warrant.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• State v. Jones
  Court of Appeals of Oregon· 2015-12-30· cited 11×
• State v. Tovar
  Court of Appeals of Oregon· 2013-04-03· cited 8×
• State v. Knapp
  Court of Appeals of Oregon· 2012-10-24· cited 5×
• State v. Madden
  Court of Appeals of Oregon· 2017-02-01· cited 2×
• State v. Fair
  Court of Appeals of Oregon· 2010-01-27· cited 1×

Cites

18 cases in this archive are cited by this case.

• State v. Ehly
  Oregon Supreme Court· 1993-07-01· cited 660×
• State v. Hall
  Oregon Supreme Court· 2005-07-15· cited 336×
• State v. Davis
  Oregon Supreme Court· 1983-06-29· cited 279×
• State v. Bates
  Oregon Supreme Court· 1987-12-22· cited 243×
• State v. Rodgers
  Court of Appeals of Oregon· 2008-04-16· cited 55×
• State v. Wolfe
  Oregon Supreme Court· 1983-09-07· cited 47×
• State v. Devine
  Oregon Supreme Court· 1989-02-14· cited 24×
• State v. Coatney
  Court of Appeals of Oregon· 1980-01-14· cited 18×
• Barbara Parmenter Living Trust v. Lemon
  Oregon Supreme Court· 2008-10-09· cited 16×
• State v. Ayles
  Court of Appeals of Oregon· 2008-06-25· cited 16×
• State v. Reinhardt
  Court of Appeals of Oregon· 1996-05-01· cited 14×
• State v. Barnett
  Court of Appeals of Oregon· 1995-01-25· cited 14×
• State v. Tyler
  Court of Appeals of Oregon· 2008-02-13· cited 11×
• State v. Swibies
  Court of Appeals of Oregon· 2002-08-28· cited 11×
• State v. Hall
  Court of Appeals of Oregon· 2000-03-22· cited 10×
• State v. AYLES
  Oregon Supreme Court· 2008-12-10· cited 7×
• State v. Ramirez
  Court of Appeals of Oregon· 2008-10-15· cited 4×
• Whitten v. United States
  Supreme Court· 1984-03-19· cited 3×