157 Ind. App. 662 - Jackson v. State’s Empirical Analysis

Citation profile

14 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . [Police] received from an unknown source information to the effect that Fred D. Jackson ‘was carrying a gun.’ A police officer, without obtaining a warrant . . . found Jackson sitting behind the steering wheel of an automobile ... in [a] parking lot . . . and requested Jackson to step out of the automobile. When Jackson complied, the officers ‘observed the butt of a pistol sticking out of his pocket.’ Thereupon, the defendant was asked if he had a permit to carry the weapon. Upon stating that he did not, the gun was confiscated and Jackson was placed under arrest. . . . # % ij: “It has . . . been held that a police officer who has reason to believe that he is dealing with an armed and presently dangerous individual may make a reasonable search for weapons although he may lack probable cause for arrest. . . . However, such a search must be based upon more than a mere ‘hunch’ or suspicion. ... A police officer must be able to point to definite facts from which he could reasonably infer that the individual he is confronting is armed and, dangerous. . . . “A ‘tip’ from an unknown informer of unknown reliability may create, at most, mere suspicion. We therefore find that the officers were not justified in their ‘seizure’ of Jackson absent anything whatsoever to corroborate the information which they received. “Evidence obtained through unreasonable searches and seizures is not admissible.” (Citations omitted.) (My emphasis).”

   1 later decision quote this exact passage
   e.g. 171 Ind. App. 658 - Clark v. State