STATE v. HIGHLEY

(CC CR050560; CA A130716; SC S056079).

313 P.3d 1068 (2013)

354 Or. 459

STATE of Oregon, Petitioner on Review, v. John Eldon HIGHLEY, Respondent on Review.

Supreme Court of Oregon, En Banc.

Resubmitted January 7, 2013.

Decided November 21, 2013.


Attorney(s) appearing for the Case

Anna Marie Joyce, Assistant Attorney General, Salem, argued the cause for petitioner on review. On the brief were John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Jeff J. Payne, Assistant Attorney General.

Ingrid A. MacFarlane, Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause for respondent on review. With her on the brief was Peter Gartlan, Chief Defender.


LINDER, J.

This is the third of three cases that we decide today in which we examine whether a police request and verification of identification is a seizure under Article I, section 9, of the Oregon Constitution.1 As we will explain, our analysis of this case is largely controlled by our decision today in State v. Backstrand, 354 Or. 392, 412-13, 313 P.3d 1084 (Nov...

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