Legal Opinion · Dissent

Nelson v. Lane County

Oregon Supreme Court

Decided September 15, 1987No. TC 16-83-05689; CA A32607; SC S33066; TC 16-83-05689; CA A32607; SC S33082; TC 16-83-05689; CA A32607; SC S33115Published

1DissentPeterson, C. J.

I disagree with the majority. The state and federal constitutions aim to protect individuals against the excesses of government. In interpreting the constitution we must be mindful of the legitimate needs of the government and other citizens. The majority’s decision protects the rights of the individual stopped but fails to recognize legitimate needs of the government and other citizens. I therefore disagree with virtually every holding in the majority opinion insofar as sobriety checkpoint stops are concerned.

Woodrow Wilson described the Constitution as follows:

“The Constitution itself is…

2Cases cited50 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. South Dakota v. NevilleSupreme Court of the United States · 1983
  4. Perez. v. CampbellSupreme Court of the United States · 1971
  5. Tate v. ShortSupreme Court of the United States · 1971

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