Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

OR discusses the objective and subjective components of a stop on the accused

By John Wesley Hall, Jr.

In Oregon there are two components to a stop: Objective and subjective. What would the defendant have believed, and was it reasonable what he actually believed. State v. Parker, 2009 Ore. App. LEXIS 65 (February 11, 2009): Thus, a Holmes type (b) inquiry implicates conjunctive subjective and objective components--viz., the defendant subjectively believed that he or she was significantly restrained and that belief was objectively reasonable. Consequently, as the party bearing the burden of demonstrating the lawfulness of the search, the state can prevail against a Holmes type (b)-based motion to suppress if it disproves either of those conjunctive components. That is, the state can prevail either (1) by proving that the defendant did not believe that the officer had significantly restrained or interfered with the defendant's freedom of movement or (2) if such a belief would not be objectively reasonable...continue to full post

Full post as published by Fourth Amendment on February 17, 2009 (boomark / email).