147 N.C. App. 94 - State v. Kincaid’s Empirical Analysis

Citation profile

67 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Reasonable suspicion is a less demanding standard than probable cause and requires a showing considerably less than preponderance of the evidence. Only some minimal level of objective justification is required. This Court has determined that the reasonable suspicion standard requires that [t]he stop ... be based on specific and articulable facts, as well as the rational inferences from those facts, as viewed through the eyes of a reasonable, cautious officer, guided by his experience and training. Moreover, [a] court must consider the totality of the circumstances — the whole picture in determining whether a reasonable suspicion exists.”

   1 later decision quote this exact passage
   e.g. 205 N.C. App. 509 - State v. Simmons

2. “In order for [the law enforcement officer] to lawfully detain [the] defendant, [the officer]'s suspicion must be based solely on information obtained during the lawful detention of [the driver] up to the point that the purpose of the stop has been fulfilled. ... Since [the officer]'s continued detention of [the] defendant was unconstitutional, [the] defendant's consent to the search of his car was involuntary.”

   1 later decision quote this exact passage
   e.g. 256 N.C. App. 319 - State v. Parker

3. “the presence of more than one officer, the display of a weapon, physical touching by the officer, or his use of a commanding tone of voice indicating that compliance might be compelled.”

   1 later decision quote this exact passage
   e.g. 200 N.C. App. 322 - State v. Quick