Free Legal Help in Oregon
Attorney-reviewed answers to real Oregon legal questions—free, with no obligation.
Common Legal Questions in Oregon
3 attorney-reviewed questions from people in Oregon. Select one to read the guidance, or start a free chat.
DUI & Traffic (2)
Criminal Defense (1)
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Case Law Cited in Oregon
4 court decisions cited across these pages. These are provided as legal background, not as advice about any particular case.
Manuel v. City of Joliet, 580 U.S. 357, 137 S. Ct. 911, 197 L. Ed. 2d 312 (2017)
Pretrial detention that continues after the start of legal process can itself violate the Fourth Amendment, so a claim challenging unlawful post-process detention is a distinct claim from one challenging only the initial arrest. The Court expressly did NOT decide when such a claim accrues, remanding that question to the court of appeals.
Cited on: Deadline to Sue an Officer After a Dismissed DUI Case
McDonough v. Smith, 588 U.S. 109, 139 S. Ct. 2149, 204 L. Ed. 2d 506 (2019)
The limitations period for a due-process fabricated-evidence claim under § 1983 does not begin to run until the underlying criminal proceeding terminates in the plaintiff's favor.
Cited on: Deadline to Sue an Officer After a Dismissed DUI Case
State v. Backstrand, 354 Or. 392, 313 P.3d 1084 (2013)
Under Article I, section 9, not every police-citizen encounter is a seizure. A seizure occurs under either of two prongs: where an officer intentionally and significantly restricts the person's liberty or freedom of movement, or where a reasonable person would believe the officer has so restricted them; the inquiry is objective and fact-specific. An officer's mere request for and verification of identification does not, by itself, convert a non-seizure encounter into a seizure.
Cited on: DUI Stop After a Welfare Check With No Traffic Violation
State v. Dimmick, 248 Or. App. 167 (2012) — Court of Appeals of Oregon
We agree with defendant that the backpack and the evidence found therein should have been suppressed
Cited on: Challenging Evidence Found During a Vehicle Inventory Search