Skip to main content
Federal & State Lawfederalstatelaw.com
Home/Federal/Cases
Oregon Supreme Court· 2/27/2014

State v. Moore

Citations

  • 354 Or. 835
  • 322 P.3d 486
  • 2014 WL 793790
  • 2014 Ore. LEXIS 131

How courts have described this case

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

  • noting that, in some circumstances, to revisit and repudiate precedent can “subvert public confidence in the integrity of our processes—the ultimate source of any court’s authority”
  • noting that Machuca is consistent with federal constitutional law, which rejects a per se exigency rule for alcohol dissipation (citing Missouri v. McNeely, 569 US __, 133 S Ct 1552, 185 L Ed 2d 696 (2013))
  • noting that Machuca is consistent with federal constitutional law, which rejects a per se exigency rule for alcohol dissipation (citing Missouri v. McNeely, 569 US 141, 133 S Ct 1552, 185 L Ed 2d 696 (2013))
  • noting that Machuca is consistent with federal constitutional law, which rejects a per se exigency rule for alcohol dissipation (citing Missouri v. McNeely, 569 US ___, 133 S Ct 1552, 185 L Ed 2d 696 (2013))
  • “In reviewing the voluntariness of a defendant’s consent to a search, we consider whether, under the totality of the circumstances, the consent was given by an act of free will or was the result of coercion, express or implied.”
  • “In our view, the Court’s rejection [in McNeely] of a per se exigency rule is not inconsistent with our statement in [Machuca] that, while exigent circumstances are ‘ordinarily’ present in a case involving alcohol, that may not be true, depending on the facts of a particular case.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Cited by

19 cases in this archive cite this case.

Cites

2 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.