green
Positive treatment
8.6 score
Treatment trajectory · 2011 → 2026 · click a year to view as-of
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Top citers, strongest first. 4 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
State v. Parker
Backstrand, 354 Or at 399 (“What distinguishes a seizure (either a stop or an arrest) from a constitutionally insignificant police-citizen encounter ‘is the imposition, either by physical force or through some “show of authority,” of some restraint on the individual’s liberty.’” (Quoting Ashbaugh II, 349 Or at 309.)).
examined
Cited as authority (rule)
Lithia Medford LM, Inc. v. Yovan
(6×)
also: Cited "see"
Hamlin II, 349 Or at 530.
discussed
Cited as authority (rule)
State v. Dudley
In that regard, the Supreme Court’s observation in Ashbaugh II is pertinent: here, the deputy ‘did not, for example, position himself and his fellow officer in a way that would suggest to defendant that [he] was surrounded,’ and, thus, the mere presence of a second officer is, on this record, not a sufficient basis for us to conclude that the deputy’s ‘manner or actions’ involved a ‘show of authority.’ Ashbaugh II, 349 Or at 317-18.” Lantzsch, 244 Or App at 336-37 .
discussed
Cited as authority (rule)
State v. Lantzsch
In that regard, the Supreme Court’s observation in Ashbaugh II is pertinent: here, the deputy “did not, for example, position himself and his fellow officer in a way that would suggest to defendant that [he] was surrounded,” and, thus, the mere presence of a second officer is, on this record, not a sufficient basis for us to *337 conclude that the deputy’s “manner or actions” involved a “show of authority.” Ashbaugh II, 349 Or at 317-18.
Retrieving the full opinion text from the archive…
STATE
v.
NIX.
v.
NIX.
S058751.
Oregon Supreme Court.
Mar 4, 2011.
Published
Petition for review allowed.