19 So. 3d 85 - Brown v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The analysis of whether there has been an unlawful seizure is subject to a mixed standard of review. Dies v. State, 926 So.2d 910, 917 (¶ 20) (Miss.2006). The determination of the existence of probable cause is reviewed de novo. Id. (citing Ornelas v. United States, 517 U.S. 690, 699 , 116 S.Ct. 1657 , 134 L.Ed.2d 911 (1996)). However, that de novo review is limited to the “trial judge’s decision based on historical facts reviewed under the substantial evidence and clearly erroneous standards.” Id. (citing Floyd v. City of Crystal Springs, 749 So.2d 110, 113 (¶ 11) (Miss.1999)). The basic elements of “a determination of probable cause will be the events which occurred leading up to the search, and then the decision whether these historical facts, viewed from the standpoint of an objectively reasonable police officer, amount to probable cause.” Ornelas, 517 U.S. at 696 , 116 S.Ct. 1657 . “In determining whether evidence should be suppressed, a trial court’s findings of fact are not disturbed on appeal absent a finding that the ‘trial judge applied an incorrect legal standard, committed manifest error, or made a decision contrary to the overwhelming weight of the evidence.’ ” Clair v. State, 845 So.2d 733, 734-35 (¶ 4) (Miss.Ct.App.2003) (quoting Taylor v. State, 733 So.2d 251, 255 (¶ 18) (Miss.1999)).”

   1 later decision quote this exact passage
   e.g. Cook v. Rankin County

2. “Whether a defendant has standing to challenge a seizure is a question of law; therefore, we address this issue de novo. United States v. Kye Soo Lee, 898 F.2d 1034, 1037 (5th Cir.1990). “The proponent of a motion to suppress has the burden of establishing that his own Fourth Amendment rights were violated by the challenged search or seizure.” Lyons v. State, 942 So.2d 247, 250 (¶ 11) (Miss.Ct.App.2006)[.]”

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