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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 CourtListener

Cited by

17 cases in this archive cite this case.

Cites

8 cases in this archive are cited by this case.

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