153 N.C. App. 294 - State v. Tisdale’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[I]n a prosecution for possession of contraband materials, the prosecution is not required to prove actual physical possession of the materials.” Proof of nonexclusive, constructive possession is sufficient. Constructive possession exists when the defendant, “while not having actual possession, . . . has the intent and capability to maintain control and dominion over” the narcotics. “Where such materials are found on the premises under the control of an accused, this fact, in and of itself, gives rise to an inference of knowledge and possession which may be sufficient to carry the case to the jury on a charge of unlawful possession.” “However, unless the person has exclusive possession of the place where the narcotics are found, the State must show other incriminating circumstances before constructive possession may be inferred.””

   2 later decisions quote this exact passage
   e.g. 193 N.C. App. 611 - State v. Vaughan · State v. Velazquez-Perez

2. “has consistently held that `[t]he driver of a borrowed car, like the owner of the car, has the power to control the contents of the car.'”

   2 later decisions quote this exact passage
   e.g. 193 N.C. App. 611 - State v. Vaughan · 202 N.C. App. 148 - State v. ALVARDO

3. “Just before defendant was pulled over, he had accelerated from 0 to 60 miles per hour in a 35 mile per hour speed zone with a police officer directly behind him. The officer noticed the cocaine in plain view in the car door handle on the driver’s side of the vehicle, well within reach of defendant. While talking with the officer, defendant was “sweating profusely” and was nervous. In the officer’s opinion, defendant “was under the influence of something[,]” although the officer did not consider defendant to be so impaired that he could not drive. A subsequent search of the vehicle uncovered more cocaine located under the driver’s seat. This second baggie of cocaine was also well within defendant’s reach. Although Cosby [a carwash employee], [and] an admitted cocaine addict, testified he placed or dropped cocaine in the car while cleaning it, Leak testified he did not notice any cocaine in the vehicle following the cleaning. Taken in the light most favorable to the State, this evidence supports a reasonable inference that defendant was aware of the presence of cocaine in the vehicle and had the power and intent to control its disposition.”

   1 later decision quote this exact passage
   e.g. State v. Velazquez-Perez