Footnote of the Day
From OCDLA Library of Defense
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by: Ryan • August 30, 2011 • no comments
In State v. Jones, an opinion out today from the Oregon Court of Appeals, there is this footnote:
As Judge De Muniz observed when he was on this court, "Although most people do not feel free to walk around an officer or ignore an officer's questions, under Holmes those feelings do not appear to be relevant in determining whether an objectively reasonable person believes that his or her freedom of movement has been significantly restricted." State v. Underhill, 120 Or App 584, 588 n 2, 853 P2d 847, rev den, 318 Or 26 (1993). In other words, the "reasonable person" who feels free to ignore a police officer's questions and walk away is a legal fiction.
