Brouhard v. Lee’s Empirical Analysis

Citation profile

9 federal appellate · 1 district · 5 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Motorists further argue that the lack of specific state-granted authority, empirically determined checkpoint placements, and advance publication of checkpoint locations, renders the checkpoints unreasonable. We disagree. Although the Sitz checkpoints were authorized by state legislation, that fact was not determinative. While Sitz requires authorization by an elected public authority, it nowhere holds that the public authority must be the state legislature. The Benton County program was authorized by the county’s elected sheriff. His election by the citizens of the county fully satisfies the Sitz requirement of a grant of public authority. These checkpoints, with sites selected on the basis of historical arrest and traffic-related experience, chosen after consultation with the Sheriff, and where all motorists were momentarily detained, were reasonable and in accord with the Fourth Amendment.”

   1 later decision quote this exact passage · from the majority
   e.g. Sheridan v. State

2. “To establish standing, a party must, at a minimum, have suffered an 'injury-in-fact,' fairly traceable to the defendant's conduct, which is likely to be redressed by a favorable decision.”

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. State

3. “An 'injury-in-fact' is an actual or imminent invasion of a legally protected interest, which is both concrete and particularized to the appellant.”

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. State