State v. Smith’s Empirical Analysis

Citation profile

2 federal appellate · 6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Similarly, Trooper Norrod did not have reasonable suspicion to believe that the Defendant was involved in or about to be involved in criminal activity, which would have also justified the seizure. He apparently suggested to the Defendant that he thought the Defendant might have been drunk or tired, but he insisted in the suppression hearing that the only reason he stopped the Defendant was because of an “improper” lane change. As already noted, the Defendant did not violate any traffic provision by changing lanes without signaling. Making a “lawful” lane change, which we equate somewhat to a “proper” lane change, as described herein, could not give any officer reasonable suspicion to believe that an individual is either drunk or tired. * * * There was no evidence that the Defendant was driving erratically, weaving, or otherwise causing a hazard to other vehicles.... We are reluctant to conclude that a person driving in a manner that an officer deems “improper,” when the driving is not erratic or haphazard and does not create a dangerous situation, is subject to seizure while proceeding along a highway in a lawful manner.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Lewis v. State

2. “Turning movements. — (a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in § 55-8-140, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway, unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner provided in §§ 55-8-143 and 55-8-144 in the event any other traffic may be affected by such movement.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Gonzalez