# Nelson v. Lane County

> Oregon Supreme Court · September 15, 1987 · 304 Or. 97

URL: https://www.frixlaw.com/law-library/cases/9789671

## Case

- **Full name:** NELSON, Respondent on Review, v. LANE COUNTY Et Al, Respondents, and DEPARTMENT OF STATE POLICE Et Al, Petitioners on Review; NELSON, Petitioner on Review, v. LANE COUNTY Et Al, Respondents on Review; NELSON, Respondent on Review, v. LANE COUNTY Et Al, Petitioners on Review, and DEPARTMENT OF STATE POLICE Et Al, Respondents
- **Court:** Oregon Supreme Court
- **Decided:** September 15, 1987
- **Citations:** 304 Or. 97; 743 P.2d 692
- **Precedential status:** Published
- **Opinion:** Concurrence by Jones
- **Judges:** Peterson, Lent, Linde, Campbell, Carson, Jones
- **Cited by:** 78 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9789671

## How later opinions describe it (automated extraction)

- stating that an administrative search “could be valid if it were permitted by a source of authority, that is, a law or ordinance providing sufficient indications of the purposes and limits of executive authority” (internal quotation marks omitted; emphasis added)
- concluding plaintiff entitled to declaratory judgment because administrative stop and seizure not authorized
- noting the United States Supreme Court considers “the states’ interest in highway safety ‘vital’”

## Opinion text

*112 JONES, J.,
specially concurring.
I concur in the result for the reasons stated by Justice Gillette in his specially concurring opinions in State v. Boyanovsky, 304 Or 131 , 743 P2d 711 (1987), and State v. Anderson, 304 Or 139 , 743 P2d 715 (1987). I agree that there was no Fourth Amendment violation and, therefore, no need to reach the question whether punitive damages or attorney fees are available in federal civil rights actions brought in state court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9789671. Public record. Not legal advice.