289 Or. App. 421 - State v. Blackstone’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"First, * * * [the officer] had heard only a minimal physical description of the * * * young male over the radio, and defendant matched even that description only 'vaguely' and 'from a distance.' Second, it was apparent to [the officer] that defendant did not match the * * * young male's overall description in several regards. He was not carrying a pillowcase or anything suspicious. He was alone, not with another young white male. He was on a bicycle, not on foot. Third, [the officer] did not know whether anyone had committed a crime. No one had witnessed or reported a burglary. While [the original officer] may have viewed the two young males' conduct as suspicious, the police's uncertainty whether any crime had actually been committed is part of the totality of circumstances as far as the likelihood that anyone, let alone defendant, had committed a burglary. Fourth, defendant rode his bicycle directly toward a police car with two officers sitting inside it. That is the exact opposite of the behavior of the two young males-sprinting away at the sight of a police car-and facially inconsistent with a desire to evade contact with the police."”

   1 later decision quote this exact passage
   e.g. 298 Or. App. 771 - State v. Brown

2. “"[p]olice authority to perform a traffic stop arises out of the facts that created probable cause to believe that there has been unlawful, noncriminal activity, viz ., a traffic infraction. Police authority to detain a motorist dissipates when the investigation reasonably related to that traffic infraction, the identification of persons, and the issuance of a citation (if any) is completed or reasonably should be completed. Other or further conduct by the police, beyond that reasonably related to the traffic violation, must be justified on some basis other than the traffic violation."”

   1 later decision quote this exact passage
   e.g. 299 Or. App. 11 - State v. McBride

3. “after a car break-in was reported). In light of all of those considerations, we conclude that Waterbury's suspicion that defendant had committed unlawful entry into a motor vehicle was objectively reasonable under the totality of the circumstances existing at the time of the stop. Consequently, we reverse and remand. Reversed and remanded. Article I, section 9, provides, in part:”

   1 later decision quote this exact passage
   e.g. 298 Or. App. 771 - State v. Brown