State v. Burbach

How courts have described this case

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

• holding that “a [person’s] nervous behavior . . . when the [person] does not exhibit other signs of impairment” is insufficient on its own to establish reasonable suspicion
• concluding that suspicion of drug possession “supported only by a driver’s nervous behavior, an unsubstantiated tip of unknown origin, and speeding” and “the driver does not exhibit other signs of impairment” was insufficient for reasonable, articulable suspicion
• concluding that police did not have reasonable suspicion of drug possession justifying a search of appellant’s vehicle and stating that “[e]ach of these factors is weak evidence of drug possession, and they are also weak in the aggregate”
• concluding that police did not have reasonable suspicion of controlled-substance possession justifying a search of appellant’s vehicle and stating that “[e]ach of these factors is weak evidence of drug possession, and they are also weak in the aggregate”
• concluding that the “odor of alcohol coming from an adult passenger during a traffic stop does not, by itself, provide a reasonable, articulable suspicion of an open-container violation sufficient to permit an officer to expand the traffic stop by requesting to search the vehicle”
• rejecting the State’s argument for “a bright-line rule that the odor of alcohol always justifies a vehicle search” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).