Seizure in Dogs

What constitutes a seizure?

In State v. Stevens, 364 Or. 91 (2018), the Supreme Court of Oregon ruled that: Stopping the driver of a vehicle does not constitute a “seizure” of the passengers for state constitutional purposes. Or. Const. Art. 1, §9. Indeed, officer’s conduct toward the passengers does not constitute a “seizure” even if they ask questions, request information, or seek the individual’s cooperation. The encounter rises to the level of a seizure when the content of the questions, the manner of asking them, or other actions that the police take, along with the circumstances in which they take them, would convey to a reasonable person that the police are exercising their authority to coercively detain that person.

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