State v. Stevens

*1061**93In State v. Amaya , 336 Or. 616, 89 P.3d 1163 (2004), this court stated that stopping the driver of a car does not constitute a seizure of the passengers for the purposes of Article I, section 9, of the Oregon Constitution. We allowed review in this case to decide whether that statement constituted part of the court's holding and, if it did, whether we should overrule that part of Amaya . For the reasons set out below, we conclude that our statement was part of the holding in Amaya , and we adhere to it.

The remaining question in this case is whether defendant (a passenger in a van) was…