103 Or. App. 113 - State v. Smith’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"entitled to search an arrestee for any weapon, tool or implement that could aid in his escape. The only limitation on that right is that the search must be reasonable in time, scope and intensity in view of all the facts. State v. Caraher, [ 293 Or. 741, 759 , 653 P.2d 942 (1982)]." 103 Or. App. at 117, 796 P.2d 665 . (Emphasis supplied; footnote omitted.)”

   1 later decision quote this exact passage
   e.g. 109 Or. App. 46 - State v. Noble

2. “our holding does not grant an unqualified right to search an arrestee's person incidental to arrest. Rather, it permits an officer to search for items with which an arrestee could escape only (a) when the officer articulates a concern about the possibility of escape and (b) the search is reasonable under all the circumstances.”

   1 later decision quote this exact passage · from the dissent
   e.g. 109 Or. App. 46 - State v. Noble