Opinion

State v. Warner

  • 284 Or. 147
  • 585 P.2d 681
  • 1978 Ore. LEXIS 1217
Court
Oregon Supreme Court
Filed
Oct 24, 1978
Status
Published
Author
Tongue
On the bench
Lent, Tongue, Howell
Cited by
184 cases
Authority
More cited than 11.3%

concluding that the officers had seized the defendant where they informed him that they were investigating an armed robbery, told him to put his identification on the table, and told him that they would be on their way once they had “clear[ed] this matter up”

How later courts described this case

  • concluding that the officers had seized the defendant where they informed him that they were investigating an armed robbery, told him to put his identification on the table, and told him that they would be on their way once they had “clear[ed] this matter up”
  • stating that one “recognized category of street encou'nter[] between policeman and citizen” is a “temporary restraint of the citizen’s liberty (a ‘stop’), justified by reasonable suspicion (or reliable indicia) of the citizen’s activity”
  • explaining that an officer may arrest a person if justified by probable cause and stop a person if justified by reasonable suspicion
  • recognizing three types of encounters and observing that a stop must be supported by reasonable suspicion of criminal activity

Written by the judges who cited it.

The opinion

TONGUE, J.,

concurring.

I reluctantly concur, but only for the reason that a minority of this court "fought and lost the battle” in a recent case involving similar facts. See State v. Valdez, 277 Or 621 , 561 P2d 1006 (1977) (Tongue, J., dissenting).

Howell, J., joins in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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