State v. Bertsch

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the defendant’s brief presence in a location associated with drug activity was insufficient to support an objectively reasonable belief that the defendant was engaged in drug activity because those facts are “purely associational”
• “Nor is it reasonable to believe that a person possesses drugs because he or she has been convicted of a drug crime in the past.”
• “The extension of a traffic stop beyond an investigation into a traffic violation is unlawful unless it is supported by reasonable suspicion of criminal activity.”
• “[A] person’s presence in a location associated with drug activity is insufficient to support an objectively reasonable belief that the person is himself * * * engaged in drug activity.”
• defendant visiting an apartment Cite as 325 Or App 722 (2023) 733 associated with drug activity did not give rise to reasonable suspicion that defendant herself was involved in criminal activity
• \[A] person's presence in a location associated with drug activity is insufficient to support an objectively reasonable belief that the person is * * * engaged in drug activity.\

Source: CourtListener parenthetical corpus (CC0).

Cited by

23 cases in this archive cite this case; the 20 most cited are listed.

• State v. Barber
  Marion County Circuit Court, Oregon· 2016-06-22· cited 21×
• State v. Huffman
  Court of Appeals of Oregon· 2015-10-14· cited 17×
• State v. Farrar
  Court of Appeals of Oregon· 2012-09-12· cited 13×
• State v. Davis
  Court of Appeals of Oregon· 2017-07-06· cited 11×
• State v. Rudnitskyy
  Court of Appeals of Oregon· 2014-10-29· cited 10×
• State v. Washington
  Court of Appeals of Oregon· 2017-03-22· cited 10×
• State v. Sunderman
  Court of Appeals of Oregon· 2020-05-20· cited 10×
• State v. Huerta-Contreras
  Court of Appeals of Oregon· 2024-11-20· cited 10×
• State v. Oller
  Court of Appeals of Oregon· 2016-04-13· cited 9×
• State v. Taylor
  Court of Appeals of Oregon· 2020-12-16· cited 8×
• State v. Meza-Garcia
  Court of Appeals of Oregon· 2013-05-30· cited 7×
• State v. Westcott
  Court of Appeals of Oregon· 2016-11-30· cited 7×
• State v. Wampler
  Court of Appeals of Oregon· 2023-05-03· cited 7×
• State v. Sexton
  Washington County Circuit Court, Oregon· 2016-05-04· cited 6×
• State v. Gabr
  Court of Appeals of Oregon· 2023-03-15· cited 4×
• State v. Sarmento
  Court of Appeals of Oregon· 2019-03-27· cited 3×
• State v. Wiggins
  Court of Appeals of Oregon· 2014-04-23· cited 3×
• State v. Bray
  Court of Appeals of Oregon· 2016-10-05· cited 3×
• State v. Mock
  Court of Appeals of Oregon· 2021-04-07· cited 3×
• State v. C. J. G.
  Court of Appeals of Oregon· 2021-01-27· cited 2×

Cites

14 cases in this archive are cited by this case.

• State v. Ehly
  Oregon Supreme Court· 1993-07-01· cited 660×
• State v. Hall
  Oregon Supreme Court· 2005-07-15· cited 336×
• State v. Rodgers
  Oregon Supreme Court· 2010-02-11· cited 194×
• State v. Ayles
  Oregon Supreme Court· 2010-08-12· cited 41×
• Biggerstaff v. Board of County Commissioners
  Court of Appeals of Oregon· 2010-12-29· cited 28×
• State v. Zumbrum
  Court of Appeals of Oregon· 2008-07-23· cited 20×
• State v. Frias
  Court of Appeals of Oregon· 2009-06-10· cited 17×
• State v. Rutledge
  Court of Appeals of Oregon· 2011-06-22· cited 16×
• State v. Huggett
  Court of Appeals of Oregon· 2009-05-27· cited 14×
• State v. Regnier
  Court of Appeals of Oregon· 2009-07-15· cited 13×
• State v. Loud
  Court of Appeals of Oregon· 1997-07-16· cited 10×
• State v. Broughton
  Court of Appeals of Oregon· 2008-08-13· cited 10×
• State v. Hinds
  Court of Appeals of Oregon· 2009-01-28· cited 6×
• State v. Shirk
  Court of Appeals of Oregon· 2012-02-23· cited 2×