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State v. Newton

Citations

  • 286 Or. App. 274
  • 398 P.3d 390
  • 2017 Ore. App. LEXIS 784

How courts have described this case

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

  • holding that the defendant was seized where the officer approached the defendant in his parked van, asked for and retained his ID, and then questioned the defendant’s girlfriend behind the van while running a background check on the defendant
  • considering loca- tion and time of night in analysis of whether the defendant was seized
  • courts must con- sider the circumstances as a whole in evaluating whether an encounter transformed into a seizure
  • while “location does not, of itself, convert an otherwise lawful encounter to a seizure,” it still has “some bearing” in the analysis
  • “Our conclusion that defendant was stopped for purposes of Article I, section 9, without reasonable suspicion, fully resolves the appeal, because the state has not made any argument that the challenged evidence was, nevertheless, admissible.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Devore, Duncan, Flynn, Tempore

Read full opinion on CourtListener

Cited by

10 cases in this archive cite this case.

Cites

32 cases in this archive are cited by this case; the 20 most cited are listed.

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.