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106 Oregon opinions name it 3 courts 1991–2026 25 in the last five years
The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Holmesgreen2 sentences2013See Holmes, 311 Or at 408 (application of standard for seizure “require [s] a fact-specific inquiry into the totality of the circumstances of the particular case”). 2012Whether a seizure has occurred is “a fact-specific inquiry into the totality of the circumstances of the particular case.” Holmes, 311 Or at 408 . | 15 | 24 |
State v. Hallgreen2 sentences2015“Deciding whether the state has satisfied that burden requires a fact-specific inquiry into the totality of the circumstances to determine the nature of the causal connection between the unlawful police conduct and the defendant’s consent.” Hall, 339 Or at 35 . 2014See, e.g., Hall, 339 Or at 18 (“The determination whether a person has been ‘seized’ under Article I, section 9, requires a fact-specific inquiry examining the totality of the circumstances in the particular case.”). | 2 | 17 |
State v. Ehlygreen2 sentences2021See State v. Ehly, 317 Or 66, 78 , 854 P2d 421 (1993) (“The determination whether a person has been ‘seized’ under Article I, section 9, requires a fact-specific inquiry into the totality of the circumstances of the partic- ular case.”); see also State v. Kamph, 297 Or App 687, 689, 698 , 44 P3d 1129 (2019) (remanding under analogous cir- cumstances, including new case law and the need for a fac- tual finding). 2021See State v. Ehly, 317 Or 66, 78 , 854 P2d 421 (1993) (“The determination whether a person has been ‘seized’ under Article I, section 9, requires a fact-specific inquiry into the totality of the circumstances of the partic- ular case.”); see also State v. Kamph, 297 Or App 687, 689, 698 , 44 P3d 1129 (2019) (remanding under analogous cir- cumstances, including new case law and the need for a fac- tual finding). | 2 | 5 |
State v. Raneygreen2 sentences2011Raney, 215 Or App at 343 . 5 For the first time in his reply brief, defendant argues that the officer’s question did not occur during an unavoidable lull because the officer already knew that defendant’s registration was expired and, therefore, had no reason to ask for defendant’s registration. 2009See, e.g., State v. Raney, 215 Or App 339, 343 , 168 P3d 803 (2007), modified on other grounds on recons, 217 Or App 470 , 175 P3d 1024 , rev den, 344 Or 671 (2008). | 2 | 3 |
State v. Goldgreen2 sentences2023Further, we disagree with the dissent that the state’s attenuation argument “meets the ‘right for the wrong reason’ exception as described in” Outdoor Media Dimensions Inc. v. State of Oregon, 221 Or 634 , 659-60, 20 P3d 180 (2001). 329 Or App at 500-01 (Kamins, J., dissenting). 2023Further, we disagree with the dissent that the state’s attenuation argument “meets the ‘right for the wrong reason’ exception as described in” Outdoor Media Dimensions Inc. v. State of Oregon, 221 Or 634 , 659-60, 20 P3d 180 (2001). 329 Or App at 500-01 (Kamins, J., dissenting). | 2 | 2 |
State v. Raneygreen2 sentences2009See, e.g., State v. Raney, 215 Or App 339, 343 , 168 P3d 803 (2007), modified on other grounds on recons, 217 Or App 470 , 175 P3d 1024 , rev den, 344 Or 671 (2008). 2009See, e.g., State v. Raney, 215 Or App 339, 343 , 168 P3d 803 (2007), modified on other grounds on recons, 217 Or App 470 , 175 P3d 1024 , rev den, 344 Or 671 (2008). | 2 | 2 |
State v. Padillagreen2 sentences2009See, e.g., State v. Raney, 215 Or App 339, 343 , 168 P3d 803 (2007), modified on other grounds on recons, 217 Or App 470 , 175 P3d 1024 , rev den, 344 Or 671 (2008). 2008See, e.g., State v. Raney, 215 Or App 339, 343 , 168 P3d 803 (2007), modified on other grounds on recons, 217 Or App 470 , 175 P3d 1024 , rev den, 344 Or 671 (2008). | 2 | 2 |
State v. Toevsgreen2 sentences2008See Toevs, 327 Or. at 535 , 964 P.2d 1007 (requiring a fact-specific inquiry into the totality of the *155 circumstances to determine whether "a person subjectively believes that a law enforcement officer significantly has restricted or interfered with that person's liberty or freedom of movement and [whether] such a belief is objectively reasonable under the circumstances") (emphasis in original); State v. Puffenbarger, 166 Or.App. 426, 433-34 , 998 P.2d 788 (2000) (same). 2008See Toevs, 327 Or. at 535 , 964 P.2d 1007 (requiring a fact-specific inquiry into the totality of the *155 circumstances to determine whether "a person subjectively believes that a law enforcement officer significantly has restricted or interfered with that person's liberty or freedom of movement and [whether] such a belief is objectively reasonable under the circumstances") (emphasis in original); State v. Puffenbarger, 166 Or.App. 426, 433-34 , 998 P.2d 788 (2000) (same). | 2 | 2 |
Lathrope-Olson v. Oregon Department of Transportationgreen2 sentences1995See Lathrope-Olson v. Dept. of Transportation, 128 Or.App. 405, 408 , 876 P.2d 345 (1994) (whether conduct is socially intolerable is, for the most part, a fact-specific inquiry). 1995See Lathrope-Olson v. Dept. of Transportation, 128 Or.App. 405, 408 , 876 P.2d 345 (1994) (whether conduct is socially intolerable is, for the most part, a fact-specific inquiry). | 1 | 5 |
State v. Backstrandgreen2 sentences2023The “something more” is a fact-specific inquiry, requiring “an examination of the totality of the cir- cumstances involved.” Id. at 399 . 2023The “something more” is a fact-specific inquiry, requiring “an examination of the totality of the cir- cumstances involved.” Id. at 399 . | 1 | 4 |
State v. Boothgreen2 sentences2021As we explained in Booth, the determination of whether law enforcement exploited unlawful conduct to obtain consent “involves a fact-specific inquiry into the totality of the circumstances to determine the nature of the causal connection.” Id. (internal quotation marks, brackets, and citation omitted). 2017We cannot affirm the trial court’s ruling because “the trial court did not engage in the fact-specific inquiry necessary to determine whether the state had carried its burden of proving that ‘the consent was independent of, or only tenuously related to, the unlawful police conduct,’ including ‘an assessment of the actual police misconduct.’” See Booth, 272 Or App at 199 (quoting Unger, 356 Or at 86 ). | 1 | 4 |
In Re Complaint as to the Conduct of Magargreen2 sentences2024In re Magar, 335 Or 306, 319-20 , 66 P3d 1014 (2003). 2024In re Magar, 335 Or 306, 319-20 , 66 P3d 1014 (2003). | 1 | 2 |
State v. Antoinegreen1 sentence2026See Antoine I, 269 Or App at 79 n 8 (explaining what pre- trial notice must permit a defendant to accomplish). | 1 | 1 |
| State v. Kamphgreen | 1 | 1 |
| Nicholas Keith v. County of Oaklandgreen | 1 | 1 |
| McMillan v. City of New Yorkgreen | 1 | 1 |
| Richard Samson v. Federal Express Corporationgreen | 1 | 1 |
| State v. Juarez-Godinezgreen | 1 | 1 |
| Outdoor Media Dimensions Inc. v. Stategreen | 1 | 1 |
| Burger King Corp. v. Rudzewiczgreen | 1 | 1 |
| Kulko v. Superior Court of Cal., City and County of San Franciscogreen | 1 | 1 |
| State v. Fleetwoodgreen | 1 | 1 |
| State v. Blair/Vanisgreen | 1 | 1 |
| In Re Complaint as to the Conduct of Spiesgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Unger
green
2 sentences2017The court explained that the question turns instead on a fact-specific analysis of whether the defendant’s consent is “unrelated or only tenuously related to the prior illegal police conduct.” Id. at 79 . 2017We cannot affirm the trial court’s ruling because “the trial court did not engage in the fact-specific inquiry necessary to determine whether the state had carried its burden of proving that ‘the consent was independent of, or only tenuously related to, the unlawful police conduct,’ including ‘an assessment of the actual police misconduct.’” See Booth, 272 Or App at 199 (quoting Unger, 356 Or at 86 ). | 5 | 2015–2017 |
State v. Harberts
green
2 sentences2021Id. 2018"Determining whether the *641 state did so is a fact-specific inquiry that requires the court to examine the circumstances of each particular case." Id. | 4 | 2001–2021 |
State v. Escudero
green
2 sentences2024State v. Escudero, 311 Or App 170, 174 , 489 P3d 569 (2021) (“Because the attenuation argument is raised for the first time on appeal, the trial court never engaged in the fact-specific inquiry on whether the state carried its burden 432 State v. Guzman-Garcia of proving that defendant’s consent was independent of, or only tenuously related to, the unlawful police conduct.”); State v. Heater, 271 Or App 538, 540 , 351 P3d 776 (2015) (concluding that the record may have developed differently if the state had raised its “no exploitation” argument below). 2024State v. Escudero, 311 Or App 170, 174 , 489 P3d 569 (2021) (“Because the attenuation argument is raised for the first time on appeal, the trial court never engaged in the fact-specific inquiry on whether the state carried its burden 432 State v. Guzman-Garcia of proving that defendant’s consent was independent of, or only tenuously related to, the unlawful police conduct.”); State v. Heater, 271 Or App 538, 540 , 351 P3d 776 (2015) (concluding that the record may have developed differently if the state had raised its “no exploitation” argument below). | 3 | 2023–2024 |
In Re Complaint as to the Conduct of Eadie
green
2 sentences2012Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” Whether a lawyer has provided competent representation “is a fact-specific inquiry.” In re Eadie, 333 Or 42, 60 , 36 P3d 468 (2001). 2012Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” Whether a lawyer has provided competent representation “is a fact-specific inquiry.” In re Eadie, 333 Or 42, 60 , 36 P3d 468 (2001). | 3 | 2003–2012 |
State v. Winter
neutral
2 sentences2023In general, “ ‘law enforcement officers remain free to approach persons on the street or in public places, seek their cooperation or assistance, request or impart information, or question them without being called upon to articulate a cer- tain level of suspicion in justification if a particular encoun- ter proves fruitful.’ ” Id. at 400 (quoting State v. Holmes, 311 Cite as 328 Or App 747 (2023) 751 Or 400 , 410, 813 P2d 28 (1991)). 2023In general, “ ‘law enforcement officers remain free to approach persons on the street or in public places, seek their cooperation or assistance, request or impart information, or question them without being called upon to articulate a cer- tain level of suspicion in justification if a particular encoun- ter proves fruitful.’ ” Id. at 400 (quoting State v. Holmes, 311 Cite as 328 Or App 747 (2023) 751 Or 400 , 410, 813 P2d 28 (1991)). | 2 | 2023–2023 |
Harris Rutsky & Co. Insurance Services, Inc. v. Bell & Clements Limited
green
2 sentences2023Whether the exercise of jurisdiction comports with fair play and substantial jus- tice is a fact-specific inquiry which requires balancing the following seven factors: “ ‘(1) the extent of the defendant’s purposeful interjection; (2) the burden on the defendant in defending in the forum; (3) the extent of conflict with the sovereignty of the defen- dant’s state; (4) the forum state’s interest in adjudicating the dispute; (5) the most efficient judicial resolution of the controversy; (6) the importance of the forum to plaintiffs interest in convenient and effective relief; and (7) the exis- ten 2023Whether the exercise of jurisdiction comports with fair play and substantial jus- tice is a fact-specific inquiry which requires balancing the following seven factors: “ ‘(1) the extent of the defendant’s purposeful interjection; (2) the burden on the defendant in defending in the forum; (3) the extent of conflict with the sovereignty of the defen- dant’s state; (4) the forum state’s interest in adjudicating the dispute; (5) the most efficient judicial resolution of the controversy; (6) the importance of the forum to plaintiffs interest in convenient and effective relief; and (7) the exis- ten | 2 | 2023–2023 |
State v. Kruchek
green
2 sentences2023Further, we disagree with the dissent that the state’s attenuation argument “meets the ‘right for the wrong reason’ exception as described in” Outdoor Media Dimensions Inc. v. State of Oregon, 221 Or 634 , 659-60, 20 P3d 180 (2001). 329 Or App at 500-01 (Kamins, J., dissenting). 2023Further, we disagree with the dissent that the state’s attenuation argument “meets the ‘right for the wrong reason’ exception as described in” Outdoor Media Dimensions Inc. v. State of Oregon, 221 Or 634 , 659-60, 20 P3d 180 (2001). 329 Or App at 500-01 (Kamins, J., dissenting). | 2 | 2023–2023 |
Schmidt v. ARCHDIOCESE OF PORTLAND IN OREGON
green
2 sentences2023Id. at 358- 59. 2023Id. at 358- 59. | 2 | 2023–2023 |
Munson v. Valley Energy Investment Fund, U. S., LP
green
2 sentences2023Whether the exercise of jurisdiction comports with fair play and substantial jus- tice is a fact-specific inquiry which requires balancing the following seven factors: “ ‘(1) the extent of the defendant’s purposeful interjection; (2) the burden on the defendant in defending in the forum; (3) the extent of conflict with the sovereignty of the defen- dant’s state; (4) the forum state’s interest in adjudicating the dispute; (5) the most efficient judicial resolution of the controversy; (6) the importance of the forum to plaintiffs interest in convenient and effective relief; and (7) the exis- ten 2023Whether the exercise of jurisdiction comports with fair play and substantial jus- tice is a fact-specific inquiry which requires balancing the following seven factors: “ ‘(1) the extent of the defendant’s purposeful interjection; (2) the burden on the defendant in defending in the forum; (3) the extent of conflict with the sovereignty of the defen- dant’s state; (4) the forum state’s interest in adjudicating the dispute; (5) the most efficient judicial resolution of the controversy; (6) the importance of the forum to plaintiffs interest in convenient and effective relief; and (7) the exis- ten | 2 | 2023–2023 |
State v. Paskar
green
2 sentences2022Ultimately, “[w]hat distinguishes a seizure (either a stop or an arrest) from a constitutionally insignificant 184 State v. Alcaraz police-citizen encounter is the imposition, either by physical force or through some show of authority, of some restraint on the individual’s liberty.” State v. Paskar, 271 Or App 826, 833 , 352 P3d 1279 (2015) (internal quotation marks omit- ted). 2022Ultimately, “[w]hat distinguishes a seizure (either a stop or an arrest) from a constitutionally insignificant 184 State v. Alcaraz police-citizen encounter is the imposition, either by physical force or through some show of authority, of some restraint on the individual’s liberty.” State v. Paskar, 271 Or App 826, 833 , 352 P3d 1279 (2015) (internal quotation marks omit- ted). | 2 | 2015–2022 |
State v. Hendon
green
2 sentences2010State v. Hendon, 222 Or App 97, 103 , 194 P3d 149 (2008). 2010State v. Hendon, 222 Or App 97, 103 , 194 P3d 149 (2008). | 2 | 2010–2010 |
State v. Kuehne
green
2 sentences2026In determining whether a verbal encounter, such as the conversation between the police and defendant, rises to the level of a seizure, we look to factors such as “the con- tent of the questions, the manner of asking them, or other actions that the police take (along with the circumstances in which they take them)” and whether they would convey Cite as 347 Or App 216 (2026) 221 “to a reasonable person that the police are exercising their authority to coercively detain the citizen.” State v. Reyes- Herrera, 369 Or 54, 58 , 500 P3d 1 (2021) (internal quotation marks omitted). “[W]hether a person 2026In determining whether a verbal encounter, such as the conversation between the police and defendant, rises to the level of a seizure, we look to factors such as “the con- tent of the questions, the manner of asking them, or other actions that the police take (along with the circumstances in which they take them)” and whether they would convey Cite as 347 Or App 216 (2026) 221 “to a reasonable person that the police are exercising their authority to coercively detain the citizen.” State v. Reyes- Herrera, 369 Or 54, 58 , 500 P3d 1 (2021) (internal quotation marks omitted). “[W]hether a person | 1 | 2026–2026 |
State v. Reyes-Herrera
green
2 sentences2026In determining whether a verbal encounter, such as the conversation between the police and defendant, rises to the level of a seizure, we look to factors such as “the con- tent of the questions, the manner of asking them, or other actions that the police take (along with the circumstances in which they take them)” and whether they would convey Cite as 347 Or App 216 (2026) 221 “to a reasonable person that the police are exercising their authority to coercively detain the citizen.” State v. Reyes- Herrera, 369 Or 54, 58 , 500 P3d 1 (2021) (internal quotation marks omitted). “[W]hether a person 2026In determining whether a verbal encounter, such as the conversation between the police and defendant, rises to the level of a seizure, we look to factors such as “the con- tent of the questions, the manner of asking them, or other actions that the police take (along with the circumstances in which they take them)” and whether they would convey Cite as 347 Or App 216 (2026) 221 “to a reasonable person that the police are exercising their authority to coercively detain the citizen.” State v. Reyes- Herrera, 369 Or 54, 58 , 500 P3d 1 (2021) (internal quotation marks omitted). “[W]hether a person | 1 | 2026–2026 |
State v. Amaya
green
2 sentences2026In determining whether a verbal encounter, such as the conversation between the police and defendant, rises to the level of a seizure, we look to factors such as “the con- tent of the questions, the manner of asking them, or other actions that the police take (along with the circumstances in which they take them)” and whether they would convey Cite as 347 Or App 216 (2026) 221 “to a reasonable person that the police are exercising their authority to coercively detain the citizen.” State v. Reyes- Herrera, 369 Or 54, 58 , 500 P3d 1 (2021) (internal quotation marks omitted). “[W]hether a person 2026In determining whether a verbal encounter, such as the conversation between the police and defendant, rises to the level of a seizure, we look to factors such as “the con- tent of the questions, the manner of asking them, or other actions that the police take (along with the circumstances in which they take them)” and whether they would convey Cite as 347 Or App 216 (2026) 221 “to a reasonable person that the police are exercising their authority to coercively detain the citizen.” State v. Reyes- Herrera, 369 Or 54, 58 , 500 P3d 1 (2021) (internal quotation marks omitted). “[W]hether a person | 1 | 2026–2026 |
State v. Acosta Parra
neutral
1 sentence2026In determining whether a verbal encounter, such as the conversation between the police and defendant, rises to the level of a seizure, we look to factors such as “the con- tent of the questions, the manner of asking them, or other actions that the police take (along with the circumstances in which they take them)” and whether they would convey Cite as 347 Or App 216 (2026) 221 “to a reasonable person that the police are exercising their authority to coercively detain the citizen.” State v. Reyes- Herrera, 369 Or 54, 58 , 500 P3d 1 (2021) (internal quotation marks omitted). “[W]hether a person | 1 | 2026–2026 |
State v. Pedersen
neutral
1 sentence2025Rather, we must examine the Cite as 338 Or App 362 (2025) 373 nature of [defendant’s] arraignment before we can deter- mine whether it was a critical stage. | 1 | 2025–2025 |
Personal Restraint Petition of Jose Luis Sanchez, Jr.
green
1 sentence2025Applying that principle, the Washington Court of Appeals recognized in In re Sanchez, 197 Wash App 686, 701- 02, 391 P3d 517 (2017), that a fact-specific inquiry was nec- essary to decide whether the defendant’s arraignment was a critical stage in the criminal proceedings against him: “As illustrated by the * * * United States Supreme Court cases, the characterization of [defendant’s] hearing as an arraignment is not determinative of whether the hearing was a critical stage so that defense counsel’s absence was presumptively prejudicial. | 1 | 2025–2025 |
| In Re Knappenberger green | 1 | 2024–2024 |
| State v. Heater green | 1 | 2024–2024 |
| Dept. of Human Services v. P. W. green | 1 | 2023–2023 |
| Wecker v. Salem Clinic, P.C. neutral | 1 | 2023–2023 |
| Dept. of Human Services v. F. J. M. green | 1 | 2023–2023 |
| State v. Graves green | 1 | 2022–2022 |
| State v. Henry green | 1 | 2021–2021 |
| State v. Hebrard green | 1 | 2021–2021 |
| Peeples v. Lampert green | 1 | 2021–2021 |
| State v. Blair green | 1 | 2021–2021 |
| State v. Parker green | 1 | 2021–2021 |
| State v. Jarnagin green | 1 | 2020–2020 |
| Bloomfield v. Weakland green | 1 | 2016–2016 |
| State v. Fredricks neutral | 1 | 2016–2016 |
| State v. Mazzola green | 1 | 2016–2016 |
| State v. Fuller green | 1 | 2016–2016 |
| State v. Highley green | 1 | 2014–2014 |
| Helicopteros Nacionales De Colombia, S. A. v. Hall green | 1 | 2013–2013 |
| State v. Dahl green | 1 | 2012–2012 |
| State v. Thompkin green | 1 | 2010–2010 |
| State v. Puffenbarger green | 1 | 2008–2008 |
| State v. Highley green | 1 | 2008–2008 |
| House v. Hicks green | 1 | 2008–2008 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.