175 Or. App. 625 - State v. Daline’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"ORS 161.015(9) defines `possess' as `hav[ing] physical possession or otherwise exercis[ing] dominion or control over property.' Based on a plain reading of the statute, there are two ways in which a person can `possess': (1) actual and (2) constructive. The first part of the statute states that a person possesses property if he or she has actual `physical possession' of it. The term `possession' is not further defined in either ORS chapter 161 or in ORS chapter 475. Therefore, we give that word of common usage its plain, natural, and ordinary meaning. We first look at the dictionary definition of `possession.' Webster's Third New Int'l Dictionary, 1770 (unabridged ed. 1993), defines `possession' as: "`1 a: the act or condition of having in or taking into one's control or holding at one's disposal * * * b: actual physical control or occupancy of property by one who holds for himself and not as a servant of another without regard to his ownership and who has legal rights to assert interests in the property against all others having no better right than himself * * : something owned, occupied, or controlled : a thing possessed * * *[.]' (Emphasis added.) "Thus, `possession' connotes the exercise of dominion or control; under the statute, one has physical possession of property only if he or she has actual, physical control over that property. "That understanding comports with the entire statutory text. As [the] defendants explain, `By using the terms "physical possession" follo”

   1 later decision quote this exact passage
   e.g. 212 Or. App. 220 - State v. Fries

2. “Obviously, after a drug is ingested or injected into the human body, the host body can no longer exercise dominion or control over it.”

   1 later decision quote this exact passage
   e.g. 212 Or. App. 220 - State v. Fries

3. “`[p]ossess' means to have physical possession or otherwise to exercise dominion or control over property.”

   1 later decision quote this exact passage
   e.g. 212 Or. App. 220 - State v. Fries