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STATE v. HOLMES

TC CR89-87, M89-69; CA A60910; SC S37239.

813 P.2d 28 (1991)

311 Or. 400

STATE of Oregon, Petitioner On Review, v. Michael Lawrence HOLMES, Respondent On Review.

Supreme Court of Oregon.

Decided May 30, 1991.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Glenn M. Feest, Beaverton, argued the cause for respondent on review.

Before PETERSON, C.J., and CARSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.

UNIS, Justice.

This is yet another case in which this court is called on to decide whether police action constitutes a "seizure" of a person within the meaning of Article I, section 9, of the Oregon Constitution1 and the Fourth Amendment to the Constitution of the United States.2 Specifically, the issue is: Does a law enforcement officer who positions himself about one-half mile from a motor vehicle accident...

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