Court of Appeals of Oregon· 12/19/1984
State v. Messer
Citations
- 692 P.2d 713
- 71 Or. App. 506
- 1984 Ore. App. LEXIS 4697
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that officer safety exception did not apply where officer and the defendant were engaged in mere conversation, because mere conversation \gives an officer no right to exercise any official authority\
- holding that officer did not have reasonable suspicion that defendant was about to commit burglary where defendant and another person were sitting in a truck in a mall parking lot at 3:45 am and had a knife
- stating that, because the officer did not have reasonable suspicion of burglary to stop defendant who was sitting in his vehicle outside a retail store at 3:45 a.m., the officer's choices were to engage in mere conversation or leave
- explaining that not all “persons who sit in vehicles in parking lots at odd hours of the night or morning * * * render themselves suspect and subject to 46 State v. Miller being stopped by a passing police officer” (footnote omitted)
- stop not justified where police officer saw only that two men were seated in a truck in a shopping mall parking lot and there was a knife between the two men lying on the seat
Source: CourtListener parenthetical corpus (CC0).
Judges: Gillette, Van Hoomissen Young, Young
Read full opinion on CourtListenerCited by
19 cases in this archive cite this case.
- State v. BatesOregon Supreme Court· 1987-12-22· cited 243×
- State v. ButkovichCourt of Appeals of Oregon· 1987-10-07· cited 19×
- State v. StarrCourt of Appeals of Oregon· 1988-05-18· cited 13×
- State v. TurechekCourt of Appeals of Oregon· 1985-07-03· cited 12×
- State v. GreerCourt of Appeals of Oregon· 1988-10-12· cited 11×
- State v. AnfieldCourt of Appeals of Oregon· 1990-03-14· cited 8×
- State v. HoughtonCourt of Appeals of Oregon· 1988-05-11· cited 7×
- State v. JohnsonCourt of Appeals of Oregon· 1989-04-12· cited 6×
- State v. GlennCourt of Appeals of Oregon· 1987-02-11· cited 5×
- State v. FarleyCourt of Appeals of Oregon· 1988-11-09· cited 4×
- State v. DavenportCourt of Appeals of Oregon· 2015-08-12· cited 4×
- State v. MeekerCourt of Appeals of Oregon· 2018-07-25· cited 3×
- State v. MillerCourt of Appeals of Oregon· 2022-04-13· cited 3×
- State v. WrightCourt of Appeals of Oregon· 1987-05-27· cited 2×
- State v. HuffmanCourt of Appeals of Oregon· 2013-08-14· cited 2×
- State v. C. J. G.Court of Appeals of Oregon· 2021-01-27· cited 2×
- Cibula v. Driver & Motor Vehicle Services BranchCourt of Appeals of Oregon· 2005-11-16· cited 1×
- State v. SemoreCourt of Appeals of Oregon· 2019-06-26· cited 1×
- State v. FriasCourt of Appeals of Oregon· 1992-09-09· cited 1×
Cites
9 cases in this archive are cited by this case.
- State v. WarnerOregon Supreme Court· 1978-10-24· cited 244×
- State v. ValdezOregon Supreme Court· 1977-03-24· cited 229×
- State v. AndersonCourt of Appeals of Oregon· 1980-06-09· cited 9×
- State v. SchedlerCourt of Appeals of Oregon· 1980-07-21· cited 7×
- State v. GoaidCourt of Appeals of Oregon· 1984-06-27· cited 7×
- State v. StilesCourt of Appeals of Oregon· 1984-05-09· cited 7×
- State Ex Rel. Juvenile Department v. LeshCourt of Appeals of Oregon· 1980-11-24· cited 7×
- State v. VanderbergCourt of Appeals of Oregon· 1976-06-21· cited 5×
- State v. KingCourt of Appeals of Oregon· 1984-04-18· cited 2×
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.