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Court of Appeals of Oregon· 11/12/2015

State v. Sherman

Citations

  • 274 Or. App. 764
  • 362 P.3d 720
  • 2015 Ore. App. LEXIS 1297

How courts have described this case

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

  • stating that “the presence of a butane torch, without more, does not give an officer reasonable suspicion of criminal activity”
  • explaining that the “presence of a butane torch, without more, does not give an officer reasonable suspicion of criminal activity”
  • concluding that the defendant passenger was subjected to a show of authority by the officer because, “unlike in cases involving defendants who were merely bystanders to stops directed at other occupants of a vehicle, defendant knew that [he] was the subject of an investigation”
  • explaining that, when officers have an initial lawful basis for a stop but extend the stop past the point at which the initial lawful reason for the stop has dissipated, the extension “must be justified by at least reasonable suspicion of some other criminal activity”
  • seizure occurred where officer’s show of authority would lead a rea- sonable person to believe that he “was not free to leave”
  • presence of a butane torch in the vehicle in which the defendant was a passenger, together with signs that the driver had at some point in the past used methamphetamine, did not give rise to reasonable suspicion that the defendant then possessed methamphetamine

Source: CourtListener parenthetical corpus (CC0).

Judges: Hadlock, Sercombe, Tookey

Read full opinion on CourtListener

Cited by

9 cases in this archive cite this case.

Cites

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

Other cases with this 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.