State v. Amaya
| Decision Date | 18 June 2002 |
| Docket Number | No. S49344.,S49344. |
| Citation | 49 P.3d 797,334 Or. 288 |
| Parties | State v. Amaya. |
| Court | Oregon Supreme Court |
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4 cases
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State v. Hall
... ... We inquire initially whether Deese's actions were authorized by any statute. State v. Amaya, 176 Or.App. 35, 29 P.3d 1177 (2001), rev. allowed 330 Or. 288, 49 P.3d 797 (2002) (if a statutory analysis is sufficient to resolve the legality of a restraint of liberty, a constitutional analysis is unnecessary). We are not aware of any statute that would authorize Deese's conduct, and the ... ...
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State v. Ehret
... ... In State v. Amaya, 176 Or.App. 35, 44, 29 P.3d 1177 (2001), rev. allowed, 334 Or. 288, 49 P.3d 797 (2002), we explained, ... "[Q]uestioning during an otherwise valid traffic stop that does not have such a detaining effect does not require reasonable suspicion. That is because, under Toevs, it is detention ... ...
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State v. Wood
... ... It is now clear, for example, that ORS 810.410(3)(e) authorizes police to request consent to search during a lawful traffic stop even with no individualized suspicion and that neither Article I, section 9, nor the Fourth Amendment prohibits such a request. State v. Amaya, 176 Or.App. 35, 44, 47, 29 P.3d 1177 (2001), rev. allowed, 334 Or. 288, 49 P.3d 797 (2002); State v. Duffy, 176 Or.App. 49, 52-53, 29 P.3d 1222 (2001). Further, some of the arguments are irrelevant. It does not matter, for example, whether the historical facts demonstrate a single stop or two ... ...
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State v. Boatman
... ... "(1) The United States Constitution or the Oregon Constitution[.]"3 ... In asserting that the request for consent here offended Article I, section 9, of the Oregon Constitution, defendant invokes State v. Amaya, 176 Or.App. 35, 29 P.3d 1177 (2001), rev. allowed, 334 Or. 288, 49 P.3d 797 (2002), which explored the question of whether evidence needed to be suppressed when an officer asked for consent unrelated to a traffic stop where that stop was validly ongoing. In answering that question, we ... ...