Court of Appeals of Oregon· 12/31/1996
State v. Senn
Citations
- 930 P.2d 874
- 145 Or. App. 538
- 1996 Ore. App. LEXIS 1907
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that, in search and seizure law, “fact matching can be a fool’s errand”
- no objective officer- safety concerns where defendant’s demeanor throughout the encounter was “entirely cooperative, nonhostile, and nonthreatening”
- “[I]n many aspects of search and seizure law, fact matching can be a fool’s errand.”
- when otherwise cooperative defendant got out of car at officer’s request, officer could not use fact that defendant had more freedom of movement outside the car as basis for officer-safety search
- where the “[defendant's demeanor throughout the encounter with [the officer] was entirely cooperative, nonhostile, and nonthreatening,” the defendant’s furtive movements and location outside the car did not support inquiry into whether the defendant had weapons
- defendant’s movement of “his upper torso towards the floor board” of a vehicle during traffic stop, in light of defendant’s “entirely cooperative, nonhostile, and nonthreatening” demeanor during encounter, did not give rise to a valid officer-safety concern
Source: CourtListener parenthetical corpus (CC0).
Judges: Deits, De Muniz Hasel-Ton, Haselton
Read full opinion on CourtListenerCited by
17 cases in this archive cite this case.
- State v. ZumbrumCourt of Appeals of Oregon· 2008-07-23· cited 20×
- State v. PopeCourt of Appeals of Oregon· 1998-01-27· cited 17×
- State v. AmellCourt of Appeals of Oregon· 2009-08-12· cited 17×
- State v. SmithCourt of Appeals of Oregon· 2016-04-06· cited 17×
- State v. RamirezCourt of Appeals of Oregon· 2020-07-01· cited 17×
- State v. DyerCourt of Appeals of Oregon· 1998-11-25· cited 14×
- State v. DavisCourt of Appeals of Oregon· 2016-12-07· cited 14×
- State v. SteffensCourt of Appeals of Oregon· 2012-06-27· cited 11×
- State v. NyeCourt of Appeals of Oregon· 2019-01-03· cited 8×
- State v. HoldorfCourt of Appeals of Oregon· 2012-06-20· cited 8×
- State v. AmanCourt of Appeals of Oregon· 1999-12-15· cited 5×
- Lockett v. StateIndiana Court of Appeals· 1999-12-20· cited 5×
- State v. RoeCourt of Appeals of Oregon· 1998-05-27· cited 4×
- State v. HaneyCourt of Appeals of Oregon· 1999-01-13· cited 3×
- State v. MillerCourt of Appeals of Oregon· 2016-03-30· cited 3×
- State v. LienCourt of Appeals of Oregon· 2017-01-05· cited 2×
- State v. LebannoCourt of Appeals of Oregon· 2021-09-01· cited 1×
Cites
8 cases in this archive are cited by this case.
- State v. EhlyOregon Supreme Court· 1993-07-01· cited 660×
- State v. BatesOregon Supreme Court· 1987-12-22· cited 243×
- State v. Dominguez-MartinezOregon Supreme Court· 1995-06-02· cited 88×
- State v. AguilarCourt of Appeals of Oregon· 1996-02-21· cited 40×
- State v. PetersonCourt of Appeals of Oregon· 1996-09-18· cited 15×
- State v. LovetteCourt of Appeals of Oregon· 1996-12-24· cited 10×
- State Ex Rel. Juvenile Department v. FinchCourt of Appeals of Oregon· 1996-10-09· cited 6×
- State v. JolleyCourt of Appeals of Oregon· 1996-12-24· cited 6×
Sourced from CourtListener / Free Law Project (CC0).
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