162 N.C. App. 268 - State v. Moore’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The State also indicates . . . $327.00 of U.S. currency on [the defendant's] person, and the African-American female's testimony that she was there to see her cousin, D.D., whom Deputy Springs indicated was [the defendant's] street name, constituted incriminating circumstances from which one could infer constructive possession. . . . Upon answering the door, the officers asked to talk with [the defendant] about narcotics activity. [the defendant] indicated he did not want to talk to police and tried to close the door. The officers then prevented [the defendant] from closing the door, grabbed him and threw him on the ground and arrested him. When [the defendant] attempted to close the door, he was not under arrest, was not the subject of an arrest warrant and was under no obligation to talk to police. Indeed, the trial court dismissed Defendant's resist, obstruct and delay charge. Moreover, there is no evidence Defendant struggled with the officers before the officers handcuffed him as the State contends in its brief. Finally, $327.00 in U.S. currency, without more, is not a significant amount of money from which one can infer constructive possession of drugs. As there was insufficient evidence of incriminating circumstances, we conclude the trial court erred in instructing the jury on constructive possession.”

   1 later decision quote this exact passage
   e.g. 206 N.C. App. 661 - State v. Biber

2. “[T]he officers talked briefly with [the defendant] at the residence's door, Defendant attempted to shut the door. The deputies grabbed [the defendant] and arrested him for resisting arrest. Thereafter, the deputies searched the residence. In plain view, the deputies found a brown paper envelope containing crack cocaine sitting on top of some insulation in an area where the paneling had been removed from the wall. The deputies also found two other individuals in the residence. Upon searching [the defendant's] person, the deputies located $18.00 in his front pocket and $309 in his billfold. Deputy Springs testified he had seen [the defendant] at [the residence] on several previous occasions.”

   1 later decision quote this exact passage
   e.g. 206 N.C. App. 661 - State v. Biber

3. “According to Defendant’s indictment, Defendant allegedly possessed “drug paraphernalia, to wit: a can designed as a smoking device.” However, none of the evidence elicited at trial related to a can; rather, the evidence described crack cocaine in a folded brown paper bag with a rubber band around it.”

   1 later decision quote this exact passage
   e.g. 234 N.C. App. 440 - State v. Satterthwaite