Oregon v. Backstrand
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In prior cases, the Oregon Supreme Court has held that officers who had lawfully seized individuals for purposes of investigation also could, consistently with the Oregon Constitution, request and verify the individuals' identifications. This case presented another variation on the issues pertaining to asking for identification: whether an officer's request for and verification of a person's identification, in and of itself, convert an encounter that is not a seizure for constitutional purposes into one that is. The Supreme Court responded with a "no." Consequently, in this case, whereby Defendant challenged the trial court's denial of his motion to suppress evidence following an officer's request for his identification, the Supreme Court reversed the appellate court and reinstated the trial court's denial of that motion to suppress.
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