Legal Opinion

State v. Kreis

Court of Appeals of Oregon

Decided October 31, 2018No. A157224PublishedCited by 2 opinions

1Opinion of the CourtEgan, C. J.

*246*556Defendant appeals from a judgment of conviction after a jury trial for interfering with a peace officer by refusing to obey a lawful order, ORS 162.247(1)(b), assigning error to the trial court's denial of his motion for judgment of acquittal. Defendant contends that the officer's order for defendant to turn around and put his hands behind his back was not a lawful order, because it was a warrantless seizure in violation of Article I, section 9, of the Oregon Constitution. The state responds that the order was a lawful order justified by officer-safety concerns. Defendant also challenges…

2Cases cited16 opinions

  1. State v. BatesOregon Supreme Court · 1987
  2. State v. LupoliOregon Supreme Court · 2010
  3. State v. Illig-RennOregon Supreme Court · 2006
  4. State v. AusmusOregon Supreme Court · 2003
  5. State v. Rodriguez-PerezCourt of Appeals of Oregon · 2014

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3Cited by2 opinions

  1. State v. KreisOregon Supreme Court · 2019
  2. State v. AquinoCourt of Appeals of Oregon · 2021

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