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Court of Appeals of Oregon· 4/6/2016

State v. Smith

Citations

  • 277 Or. App. 298
  • 373 P.3d 1089
  • 2016 Ore. App. LEXIS 408

How courts have described this case

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

  • concluding that an officer-safety search was unreasonable, in part, because \[t]his is also not a case where there was evidence that defendant was armed or had access to weapons that were not secured at the time of the search\
  • holding that officer safety doctrine was inapplicable where “there was no evidence that the target shooters were vio- lent and heavily armed, and there was no other context to suggest that the presence of one weapon foretold another”
  • requiring that an officer’s safety concerns be objectively reasonable
  • “[W]here a defendant cooperates with police, in the absence of any threatening behavior by the defendant, generalized safety concerns * * * are insufficient to justify an officer-safety search.”
  • “[W]here a defendant cooperates with police, in the absence of any threatening behavior by the defendant, generalized safety concerns * * * are insufficient to justify an officer-safety search.”
  • “ [W]here a defendant cooperates with police, in the absence of any threatening behavior by the defendant, generalized safety concerns (in other words, facts that are not particular to the defendant) are insufficient to justify an officer safety search.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Armstrong, Dehoog, Devore, Duncan, Egan, Flynn, Garrett, Hadlock, Ortega, Sercombe, Shorr, Tookey

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

30 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).

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