# State v. Warner

> Oregon Supreme Court · October 24, 1978 · 284 Or. 147

URL: https://www.frixlaw.com/law-library/cases/9793641

## Case

- **Full name:** STATE OF OREGON, Respondent, v. GARY WILLIAM WARNER, Petitioner
- **Court:** Oregon Supreme Court
- **Decided:** October 24, 1978
- **Citations:** 284 Or. 147; 585 P.2d 681; 1978 Ore. LEXIS 1217
- **Precedential status:** Published
- **Opinion:** Concurrence by Tongue
- **Judges:** Lent, Tongue, Howell
- **Cited by:** 184 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/9793641

## How later opinions describe it (automated extraction)

- 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
- recognizing the same three cate- gories of police-citizen encounters as recognized currently, i.e., mere conversations, stops, and arrests

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9793641. Public record. Not legal advice.