State v. Crowder’s Empirical Analysis

Citation profile

42 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The defendant was asked if the officer could search and the defendant consented to the intrusion. The officer did not order him to allow the search, he simply asked. The defendant was free to say no, and absent any objective coercive behavior by the officer, there is nothing in the record to suggest the defendant’s consent was a result of improper coercion or threat.””

   2 later decisions quote this exact passage
   e.g. State v. Manna · 37 Kan. App. 2d 700 - State v. Young

2. ““Crowder contends that he did not believe he could end the contact with the officers because there were two of them, armed and in uniform, and neither informed him that he was free to leave. Crowder cites U.S. v. Ward, 961 F.2d at 1259, and U.S. v. Bloom, 975 F.2d 1447 (10th Cir. 1992), for the proposition that these factors establish the coerciveness of tire encounter. While some of these factors are present in Ward and Bloom , the court in both cases relied heavily on the fact that the ‘seizures’ took place in a private compartment on a railroad car and that the officers asked ‘ “focused, potentially incriminating questions.” ’ 975 F.2d at 1454 . “Neither of these factors is present here. While it is true that there were two officers with Crowder, the contact occurred in a public place and the officer’s request for Crowder’s name was neither coercive nor incriminating. [Citation omitted.] “Crowder correctly argues that the officers’ unspoken belief that Crowder was free to go does not preclude the existence of a seizure. Likewise, an individual’s view of the situation colored by his or her fear of being caught engaging in criminal activity cannot be grafted onto an otherwise innocent encounter to convert it into a seizure. [Citation omitted.]” 20 Kan. App. 2d at 121 .”

   1 later decision quote this exact passage
   e.g. 37 Kan. App. 2d 700 - State v. Young