194 N.C. App. 539 - State v. Isenhour’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] municipal law enforcement officer acting within his territorial jurisdiction is considered a peace officer who possesses 'all of the powers invested in law enforcement officers by statute or common law.' " State v. Gaines , 332 N.C. 461 , 472, 421 S.E.2d 569 , 574 (1992) (quoting N.C. Gen. Stat. § 160A-285 (1987) ). Our United States Supreme Court has held that law enforcement officers do not violate the Fourth Amendment's prohibition against unreasonable seizures merely by approaching individuals on the street or in other public places and putting questions to them if they are willing to listen. Even when police officers have no reason to suspect that a person is engaged in criminal behavior, they may "pose questions, ask for identification, and request consent to search ... provided they do not induce cooperation by coercive means.”

   2 later decisions quote this exact passage
   e.g. State v. Watson · 256 N.C. App. 319 - State v. Parker

2. “[T]he Mendenhall test does not take into account a defendant's subjective impressions of an encounter with police officers, but instead asks whether the police officers' actions would have led a 'reasonable person' to believe that he was not free to leave the scene.”

   1 later decision quote this exact passage
   e.g. 257 N.C. App. 370 - State v. Thompson

3. “only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.”

   1 later decision quote this exact passage
   e.g. 257 N.C. App. 370 - State v. Thompson