Court of Appeals of Oregon· 6/14/2017
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 CourtListenerCited by
10 cases in this archive cite this case.
- State v. ProutyCourt of Appeals of Oregon· 2021-06-23· cited 9×
- State v. VannoyCourt of Appeals of Oregon· 2023-05-17· cited 8×
- State v. BryarsCourt of Appeals of Oregon· 2022-05-11· cited 5×
- State v. TrueCourt of Appeals of Oregon· 2023-03-15· cited 4×
- State v. ElbingerCourt of Appeals of Oregon· 2022-10-26· cited 2×
- State v. ThierCourt of Appeals of Oregon· 2022-11-16· cited 2×
- State v. OrmanCourt of Appeals of Oregon· 2022-11-16· cited 2×
- State v. WinterCourt of Appeals of Oregon· 2023-10-25· cited 1×
- Matthew Hayko v. State of IndianaIndiana Supreme Court· 2023-06-22
- State v. Acosta ParraCourt of Appeals of Oregon· 2026-02-19
Cites
32 cases in this archive are cited by this case; the 20 most cited are listed.
- State v. WyattOregon Supreme Court· 2000-12-01· cited 659×
- State v. HallOregon Supreme Court· 2005-07-15· cited 336×
- State v. HolmesOregon Supreme Court· 1991-05-30· cited 257×
- State v. RodgersOregon Supreme Court· 2010-02-11· cited 194×
- State v. AshbaughOregon Supreme Court· 2010-12-09· cited 161×
- State v. Maciel-FigueroaOregon Supreme Court· 2017-03-02· cited 137×
- Davis v. O'BRIENOregon Supreme Court· 1995-04-06· cited 135×
- State v. TourtillotOregon Supreme Court· 1980-10-21· cited 121×
- State v. TourtillottOregon Supreme Court· 1980-10-21· cited 114×
- State v. BackstrandOregon Supreme Court· 2013-11-21· cited 103×
- State v. FairOregon Supreme Court· 2013-05-31· cited 88×
- State v. PainterOregon Supreme Court· 1984-02-15· cited 71×
- State v. ReynoldsCourt of Appeals of Oregon· 2012-06-20· cited 63×
- State v. OhlingCourt of Appeals of Oregon· 1984-10-10· cited 58×
- State v. AndersonOregon Supreme Court· 2013-11-21· cited 43×
- State v. PortreyCourt of Appeals of Oregon· 1995-05-24· cited 39×
- State v. HighleyOregon Supreme Court· 2013-11-21· cited 30×
- State v. Rodriguez-PerezCourt of Appeals of Oregon· 2014-04-09· cited 29×
- State v. JacksonCourt of Appeals of Oregon· 2014-12-31· cited 24×
- State v. MillerCourt of Appeals of Oregon· 2014-12-03· cited 23×
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.