134 Or. App. 438 - State v. Plummer’s Empirical Analysis

Citation profile

2 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In June 1993, defendant visited her former boyfriend, Cisco, at a Portland motel. Shortly after defendant entered Cisco's room, his friend, Cavagnaro, entered the motel parking lot. Deputy Mockler followed Cavagnaro into the lot, because she noticed that the registration on his car had expired. Cavagnaro could not produce a driver's license or registration for the car. At that time, Cisco approached the car. Mockler asked both men to step away from the car. Deputy Malanaphy then arrived. Mockler arrested Cavagnaro for failure to possess and display a driver's license and put him in her patrol car. She then tried to confirm his identity and to determine whether the car he had been driving was stolen. Cavagnaro told Mockler that he and Cisco were staying in Room 2 at the motel and said that there might be something that would confirm his identity in the room. "In the meantime, Malanaphy did a precautionary pat-down of Cisco to determine whether he had any weapons on his person. During the pat-down, Malanaphy discovered methamphetamine on Cisco and arrested him. Mockler knocked on the door to Room 2. The testimony about what happened next is in conflict. Mockler testified that defendant let her into the room. When Mockler asked defendant about her identity, defendant gave only her first name and began to appear nervous. Defendant went to her purse and began to rummage through it with her back turned away from Mockler. Mockler became concerned about her safety and asked defendan”

   1 later decision quote this exact passage
   e.g. 160 Or. App. 275 - State v. Plummer

2. “After Mockler put defendant in the patrol car, she went back into the room and seized the syringe. She also searched defendant's purse. She testified that she seized drug paraphernalia and drug records from it. Defendant claimed that those items came from other containers in the room. Later, defendant moved to suppress `any and all evidence of whatever kind * * * which the state intends to offer as a basis of defendant's conviction herein.' The trial court granted the motion, in part, and it suppressed the contents of the syringe and the evidence allegedly seized from defendant's purse.”

   1 later decision quote this exact passage
   e.g. 160 Or. App. 275 - State v. Plummer

3. “"1. Deputy Mockler did not have probable cause to believe that the syringe seized contained a controlled substance. "2. Deputy Mockler did not have probable cause to arrest defendant for possession of a controlled substance. "3. Deputy Mockler did have probable cause to believe that the syringe was used as a weapon and therefore subject to seizure."”

   1 later decision quote this exact passage
   e.g. 160 Or. App. 275 - State v. Plummer