State v. McGuigan’s Empirical Analysis

Citation profile

27 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “PBTs are common tools in the investigatory kit officers use to ascertain whether probable cause exists to believe that an individual has been driving under the influence of alcohol. PBTs are "quick and minimally intrusive" yet "perform[] a valuable function as a screening device" to detect drunk driving.... The relatively limited intrusion into a suspect's privacy is outweighed by the important public-safety need to identify and remove drunk drivers from the roads.... We thus find it reasonable, under ... the Fourth Amendment ... for an officer to administer a PBT to a suspect if she can point to specific, articulable facts indicating that an individual has been driving under the influence of alcohol. [36]”

   2 later decisions quote this exact passage
   e.g. State v. Prescott · State v. Baxter

2. “[An investigatory] detention may begin with a consensual encounter between the police and a citizen ... or with the investigatory stop of a suspect. Under either circumstance, if the officer can point to factors indicating that a suspect has been involved in wrongdoing — [such as,] driving under the influence of alcohol — the initial encounter can escalate, with each inquiry by the officer leading to further evidence justifying further restraints on defendant’s freedom until probable cause exists to arrest defendant ... for DUI.”

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

3. “the initial encounter can 'escalat[e],' with 'each inquiry by the officer le[ading] to further evidence justifying further restraints on defendant's freedom until probable cause exist[s] to arrest defendant and process him'”

   1 later decision quote this exact passage
   e.g. State v. Philip M. Tetreault