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State v. Holcomb

Citations

  • 121 P.3d 13
  • 202 Or. App. 73
  • 2005 Ore. App. LEXIS 1342

How courts have described this case

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

  • explaining that evidence of recent drug use did not support a reasonable inference that the defendant currently possessed drugs
  • explaining that the state’s argument “would effectively sanction nonparticularized, status-based stops of habitual drug users. The law does not go so far.”
  • “[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”
  • the officer “concluded that [the defendant] was not under the influence of a controlled substance”

Source: CourtListener parenthetical corpus (CC0).

Judges: Haselton, Armstrong, Rosenblum

Read full opinion on CourtListener

Cited by

16 cases in this archive cite this case.

Cites

5 cases in this archive are cited by this case.

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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.