State v. Daniel’s Empirical Analysis

Citation profile

63 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]hat begins as a consensual police-citizen encounter may mature into a seizure of the person. While many of the circumstances in this case point in the direction of a consensual police-citizen encounter, one circumstance reflects a distinct departure from the typical consensual encounter — Officer Wright’s retention of Daniel’s identification to run a computer check. Without his identification, Daniel was effectively immobilized. Abandoning one’s identification is simply not a practical or realistic option for a reasonable person in modern society. Contrary to the State’s assertion, when an officer retains a person’s identification for the purpose of running a computer check for outstanding warrants, no reasonable person would believe that he or she could simply terminate the encounter by asking the officer to return the identification. Accordingly, we hold that a seizure within the meaning of the Fourth Amendment and Article I, section 7 occurred when Officer Wright retained Daniel’s identification to run a computer warrants check.”

   7 later decisions quote this exact passage · from the dissent
   e.g. State v. Adams · 894 So. 2d 115 - State v. Baez

2. “[A]n officer: (1) pursues an individual who has attempted to terminate the contact by departing; (2) continues to interrogate a person who has clearly expressed a desire not to cooperate; (3) renews interrogation of a person who has earlier responded fully to police inquiries; (4) verbally orders a citizen to stop and answer questions; (5) retains a citizen’s identification or other property; (6) physically restrains a citizen or blocks the citizen’s path; (7) displays a weapon during the encounter.”

   3 later decisions quote this exact passage · from the dissent
   e.g. STATE of Tennessee v. James David MOATS · State v. Nicholson

3. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no [w]arrants shall issue, but upon probable cause, supported by [o]ath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

   3 later decisions quote this exact passage · from the dissent
   e.g. State of Tennessee v. Christopher Lee Davis · State v. Hayes