151 Or. App. 271 - State v. Hendricks’s Empirical Analysis

Citation profile

4 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. “[The state trooper] stopped defendant for a lane violation. He ran a record check on defendant and discovered that defendant had a number of prior DUII violations. He wrote out the citation for the lane violation and then leaned into the open driver-side window of defendant’s truck to deliver the citation to defendant. When he inserted his head into the truck, [he] smelled a strong odor of alcohol on defendant’s breath. He then looked at defendant more carefully and observed that defendant’s eyes were bloodshot and watery. [He] asked defendant how much he had to drink that day, and defendant responded that he had four beers. [He] then asked defendant if he could look into defendant’s eyes. Defendant agreed, and [the state trooper] conducted a Horizontal Gaze Nystagmus test. [The state trooper] requested that defendant step out of the truck to perform other field sobriety tests, and defendant agreed. At the conclusion of the tests, [he] arrested defendant for DUII.”

   1 later decision quote this exact passage
   e.g. Grant v. State

2. “was allowed to observe and smell what he otherwise would not have been able to observe or smell from a lawful vantage point. That was a search.”

   1 later decision quote this exact passage
   e.g. 455 N.J. Super. 109 - State v. Mandel

3. “By inserting his head into the interior of the”

   1 later decision quote this exact passage
   e.g. 455 N.J. Super. 109 - State v. Mandel