State v. Newton

Upon reflection, this should not be seen to be a close case, let alone one in which a constitutional violation is the conclusion. Such a conclusion is contrary to State v. Backstrand, 354 Or 392, 313 P3d 1084 (2013), State v. Highley, 354 Or 459, 313 P3d 1068 (2013), and State v. Anderson, 354 Or 440, 313 P3d 1113 (2013).

We know from Backstrand that “[w]hat distinguishes a seizure (either a stop or an arrest) from a constitutionally insignificant police-citizen encounter ‘is the imposition, either by physical force or through some “show of authority,” of some restraint on the individual’s…