Skip to main content

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 CourtListener

Cited by

19 cases in this archive cite this case.

Cites

9 cases in this archive are cited by this case.

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.