STATE v. JIMENEZ

(CC 110241478; CA A148796; SC S062473).

353 P.3d 1227 (2015)

357 Or. 417

STATE of Oregon, Petitioner on Review, v. Joseph Lucio JIMENEZ, aka Joseph L. Jimenez, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided July 9, 2015.


Attorney(s) appearing for the Case

Anna M. Joyce , Solicitor General, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was Ellen F. Rosenblum , Attorney General.

Anne Fujita Munsey , Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Elizabeth G. Daily , Federal Public Defender's Office, Portland; Shauna M. Curphey , Curphey & Badger, PA, Portland; and Jordan R. Silk , Schwabe, Williamson & Wyatt, PC, Portland, filed a brief on behalf of amici curiae Oregon Justice Resource Center and Oregon Criminal Defense Lawyers Association.


In this criminal case, an Oregon state trooper stopped defendant for jaywalking and asked him if he had any weapons on him. For the reasons that follow, we conclude that Article I, section 9, of the Oregon Constitution1 does not permit a law enforcement officer to make such an inquiry as a matter of routine...

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