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STATE v. DAHL

DC Z157060; CA A83202; SC S41948.

915 P.2d 979 (1996)

323 Or. 199

STATE of Oregon, Respondent on Review, v. Douglas DAHL, Petitioner on review.

Supreme Court of Oregon, In Banc.

Decided May 9, 1996.

Attorney(s) appearing for the Case

Paul L. Breed, Portland, argued the cause and filed briefs on behalf of petitioner on review.

Douglas F. Zier, Assistant Attorney General, argued the cause on behalf of respondent on review. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

UNIS, Justice.

The questions in this case are (1) whether a "seizure" of a person occurs under either Article I, section 9, of the Oregon Constitution1 or the Fourth Amendment to the Constitution of the United States2 when law enforcement officers order a person to come out of his house with his hands up and the person to whom the order is directed complies with that order and, (2) if so, whether, in the light...

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