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Oregon Supreme Court· 5/30/1991

State v. Holmes

Citations

  • 813 P.2d 28
  • 311 Or. 400
  • 1991 Ore. LEXIS 35

How courts have described this case

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

  • concluding that there had been no seizure because a reasonable person would appreciate being stopped and advised of traffic situation and would not believe that associated inconvenience or restriction was significant
  • holding that a deprivation of freedom of movement occurs under Article I, section 9, when a police officer temporarily restrains a person’s liberty
  • holding that a deprivation of freedom of movement occurs under Article I, section 9, when a police officer temporarily restrains a person's liberty
  • concluding that a stop occurs when an individual believes that an officer has significantly restricted his or her liberty of movement and such belief is objectively reasonable
  • holding that an officer’s order for a vehicle to stop was not a constitutionally significant restraint on the driver’s liberty because “[n]o psychologically intimidating environment had been created”
  • recognizing that police officers are free to approach citizens “on the street or in public places, seek their cooperation or assistance, request or impart informa- tion, or question them,” without the need for constitutional justification

Source: CourtListener parenthetical corpus (CC0).

Judges: Peterson, Carson, Gillette, Van Hoomissen, Fadeley, Unis

Read full opinion on CourtListener

Cited by

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

Cites

15 cases in this archive are cited by this case.

Other cases named State v. Holmes

402 other CourtListener records share this case name; the 50 most cited are listed.

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.