Legal Opinion · Dissent

State v. Morgan

Court of Appeals of Oregon

Decided March 19, 2009No. 062638BFE; A134236Published

1DissentSercombe, J.

Defendant’s refusal to abandon her purse during the course of a traffic stop did not signal any threat to the police investigator that was sufficient to justify seizure of her purse. Nor does defendant’s nervous reaction to a police officer’s demand to confiscate her purse suffice to allow a search of the purse for weapons. I agree with the majority that courts must give considerable latitude to police officers to take safety precautions during times of potential danger. However, defendant’s conduct here, in the context of her cooperative behavior with police and in the absence of any…

2Cases cited10 opinions

  1. Ball v. GladdenOregon Supreme Court · 1968
  2. State v. EhlyOregon Supreme Court · 1993
  3. State v. OwensOregon Supreme Court · 1986
  4. State v. BatesOregon Supreme Court · 1987
  5. State v. TannerOregon Supreme Court · 1987

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API