76 Or. App. 715 - State v. Tallman’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “may frisk a stopped person for dangerous or deadly weapons if the officer reasonably suspects that the person is armed and presently dangerous to the officer or other persons present. " ORS 131.625(1) (Emphasis supplied.) [5] On their face, the statutes are inapplicable. They apply only to stops related to suspected crimes. Possession of less than an ounce of marijuana, however, is merely a violation. ORS 475.992(4)(f). A violation is not a crime; it is not an offense for which a sentence of imprisonment is authorized. ORS 161.505, 161.515, 161.565. The state argues, however, that there exists a general authority for officers to conduct the kind of pat-down search that occurred here. No statute so provides but, even if such authority existed, the state claims no more for it than the authority conferred by ORS 131.625(1): to frisk a person "if the officer reasonably suspects that the person is armed and presently dangerous * * *.”

   1 later decision quote this exact passage
   e.g. 76 Or. App. 723 - State v. Baldwin

2. “cannot by itself create probable cause to search for more.”

   1 later decision quote this exact passage
   e.g. 100 Or. App. 418 - State v. Quigley