148 N.C. App. 135 - State v. Logner’s Empirical Analysis

Citation profile

48 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Generally, warrantless searches are presumed to be unreasonable and therefore violative of the Fourth Amendment of the United States Constitution. However, a well-recognized exception to the warrant requirement is a search incident to a lawful arrest. Under this exception, if the search is incident to a lawful arrest, an officer may “conduct a warrantless search of the arrestee’s person and the area within the arrestee’s immediate control.””

   6 later decisions quote this exact passage
   e.g. 246 N.C. App. 259 - State v. Blue · 190 N.C. App. 822 - State v. Bailey

2. “The test for determining whether an individual is in custody or under arrest is whether, under the totality of the circumstances, the suspect's freedom of action is curtailed to a degree associated with formal arrest.”

   1 later decision quote this exact passage
   e.g. 203 N.C. App. 150 - State v. Kizer

3. “the subjective intent of the arresting officer can provide some evidence that the action taken was an arrest—but in and of itself it is not controlling.”

   1 later decision quote this exact passage
   e.g. 186 N.C. App. 681 - State v. Sparks