State v. Backstrand’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A seizure of a person occurs under Article I, section 9, of the Oregon Constitution : (a) if a law enforcement officer intentionally and significantly restricts, interferes with, or otherwise deprives an individual of that individual's liberty or freedom of movement; or (b) if a reasonable person under the totality of the circumstances would believe that (a) above has occurred.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 293 Or. App. 293 - State v. Leiby

2. “The pivotal factor is whether the officer, even if making inquiries [that] a private citizen would not, [ 2 ] has otherwise conducted himself in a manner that would be perceived as nonoffensive contact if it had occurred between two ordinary citizens.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 293 Or. App. 772 - State v. Brown

3. “Would a reasonable person believe that a law enforcement officer intentionally and significantly restricted, interfered with, or otherwise deprived the individual of his or her liberty or freedom of movement[?]”

   1 later decision quote this exact passage · from the concurrence
   e.g. 295 Or. App. 254 - State v. Bese