State v. Holmes

This is yet another case in which this court is called on to decide whether police action constitutes a “seizure” of a person within the meaning of Article I, section 9, of the Oregon Constitution 1 and the Fourth Amendment to the Constitution of the United States. 2 Specifically, the issue is: Does a law enforcement officer who positions himself about one-half mile from a motor vehicle accident and who stops a motorist on a public highway for the purpose of advising the motorist of a detour around the accident “seize” the person of the motorist within the meaning of those constitutional…