State v. Thompkin

*371RIGGS, J.

In this criminal case, we decide whether police officers unlawfully “seized” an automobile passenger under Article I, section 9, of the Oregon Constitution.1

During a lawful traffic stop of the vehicle in which defendant was a passenger, the officers requested and retained defendant’s identification to conduct a records check. At the time, the officers did not have either a reasonable suspicion of criminal activity on defendant’s part or a concern about an immediate threat to officer safety. While one officer ran the records check, a second officer questioned defendant about drugs.…