State v. Holcomb

How courts have described this case

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

• “[TJaking a suspect’s identification and calling dispatch to conduct a warrant check constitutes a stop.”
• obtaining the defendant’s identification and retaining it while conducting a warrant check effected a stop
• rejecting the state’s argument that “a person’s recent drug use is sufficient, without more, to establish reasonable suspicion of present drug possession”
• “this case does not present the issue whether, or in what circumstances, ‘mere obtaining’ of identification can effect a stop”
• “track marks on defendant’s arm—indicating that she probably, almost certainly, used unlawful controlled substances” and evidence that defendant may have recently used drugs did not support reasonable inference that defendant currently possessed drugs
• the facts that the officer observed track marks on the defendant’s arms, saw the defendant “dancing” on the shoulder of the highway, and discovered that she was on probation did not amount to reasonable suspicion of possession of a controlled substance

Source: CourtListener parenthetical corpus (CC0).

Cited by

15 cases in this archive cite this case.

• State v. Highley
  Court of Appeals of Oregon· 2008-03-26· cited 29×
• State v. Miller
  Court of Appeals of Oregon· 2014-12-03· cited 23×
• State v. Kolb
  Court of Appeals of Oregon· 2012-07-25· cited 20×
• State v. Frias
  Court of Appeals of Oregon· 2009-06-10· cited 17×
• State v. Ayles
  Court of Appeals of Oregon· 2008-06-25· cited 16×
• State v. Kentopp
  Court of Appeals of Oregon· 2012-08-08· cited 15×
• State v. Steffens
  Court of Appeals of Oregon· 2012-06-27· cited 11×
• State v. Sunderman
  Court of Appeals of Oregon· 2020-05-20· cited 10×
• State v. Oller
  Court of Appeals of Oregon· 2016-04-13· cited 9×
• State v. Holdorf
  Court of Appeals of Oregon· 2012-06-20· cited 8×
• State v. Cohan
  Court of Appeals of Oregon· 2009-04-01· cited 3×
• State v. Wiggins
  Court of Appeals of Oregon· 2014-04-23· cited 3×
• State v. Barker
  Court of Appeals of Oregon· 2015-05-13· cited 3×
• State v. Miller
  Court of Appeals of Oregon· 2022-04-13· cited 3×
• State v. Layton
  Court of Appeals of Oregon· 2025-11-13· cited 1×

Cites

3 cases in this archive are cited by this case.

• State v. Hall
  Oregon Supreme Court· 2005-07-15· cited 336×
• State v. Holcomb
  Court of Appeals of Oregon· 2005-10-12· cited 17×
• State v. Atkin
  Court of Appeals of Oregon· 2003-11-05· cited 7×