174 Ind. App. 433 - Davis v. State’s Empirical Analysis

Citation profile

37 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Although courts in some jurisdictions equivocate as to propriety- of delay in response to the request, we share the view expressed by the New Jersey court in People v. Pandoli, [(1970) 109 N.J.Super. 1 , 262 A.2d 41, 42 ]: ‘Having in mind the remedial purpose of the statute, and the rapidity with which the passage of time and the physiological processes tend to eliminate evidence of ingested alcohol in the system, it is sensible to construe the statute to mean that anything substantially short of an unqualified, unequivocal assent to an officer’s request that the arrested motorist take the test constitutes a refusal to do so. [citation] The occasion is not one for debate, maneuver or negotiation, but rather for a simple “yes” or “no” to the officer’s request. Id., 262 A.2d at 42 .’ (Our emphasis.)””

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

2. “'[b]ecause the 5th [A]mendment right against self-incrimination does not apply to the obtaining of noncommunicative physical evidence,' such rights cannot be violated when the State acquires a chemical breath test from a suspect without first giving that suspect the assistance of counsel.”

   1 later decision quote this exact passage
   e.g. Ashley Reid v. State of Indiana

3. “an isolated incident of slow driving, temporary lane straddling, or even sitting through a green light without moving may merely show that the driver was inattentive or was engaged in some other innocent activity”

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