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Court of Appeals of Oregon· 6/10/2009

State v. Frias

Citations

  • 210 P.3d 914
  • 229 Or. App. 60
  • 2009 Ore. App. LEXIS 753

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 evasive response about why he had been visiting a friend, combined with officer’s knowledge that the defendant had history of drug use, did not create reasonable suspicion of current drug use
  • concluding that the defendant’s evasive response about why he had been visiting a friend, combined with offi- cer’s knowledge that the defendant had history of drug use, did not create reasonable suspicion of current drug use
  • holding that there was no reasonable suspicion when the defendant was waiting to be sentenced on a drug charge, appeared to have used drugs in the past, and was evasive in response to questioning
  • “[P]ast drug use, without more, does not make it reasonable to suspect that a current drug crime has occurred or is imminent.”
  • “It was not objectively reasonable to suspect present criminal drug activity solely because defendant had been involved in drugs in the past and did not want to fully answer police questions.”
  • fact that the defendant was awaiting sentencing on drug charge, appeared to have used drugs in the past, and was evasive in response to questioning did not support reasonable suspicion that the defendant was currently engaged in a drug crime

Source: CourtListener parenthetical corpus (CC0).

Judges: Edmonds, Sercombe, Carson

Read full opinion on CourtListener

Cited by

16 cases in this archive cite this case.

Cites

8 cases in this archive are cited by this case.

Other cases named State v. Frias

5 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.