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STATE v. THOMPKIN

(CC 0105-33237; CA A116637; SC S51405).

143 P.3d 530 (2006)

341 Or. 368

STATE of Oregon, Respondent on Review, v. Erikia Marie THOMPKIN, Petitioner on Review.

Supreme Court of Oregon.

Decided September 14, 2006.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Salem, argued the cause and filed the brief on the merits for petitioner on review. With him on the brief was Peter Ozanne, Executive Director, Office of Public Defense Services. Rebecca Duncan, Chief Deputy Public Defender, filed the petition for review. With her on the petition were Peter Ozanne, Executive Director, and Peter Gartlan, Chief Defender Office of Public Defense Services.

Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ,, BALMER, and KISTLER, Justices.

RIGGS, J.

In this criminal case, we decide whether police officers unlawfully "seized" an automobile passenger under Article I, section 9, of the Oregon Constitution.1

During a lawful traffic stop of the vehicle in which defendant was a passenger, the officers requested and retained defendant's identification to conduct a records check. At the time, the officers did not have either a reasonable...

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