Price v. State’s Empirical Analysis

Citation profile

7 district · 60 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “One question which is suggested or touched upon rather lightly in the appellant’s brief, but is not discussed by the State’s brief, is whether or not there is a right to detain for questioning a person found in such suspicious circumstances as those in which the appellant was found. Inferentially, the learned trial judge seems to have been of the opinion that the officers could detain the appellant for an explanation on the spot. Certainly, this would be less drastic than an actual arrest and, presumably, less objectionable from the appellant’s point of view. There seems, however, to be no decision of this Court with regard to a right of police officers to detain a suspect for questioning without an actual arrest (but see Kauffman’s comment in The Law of Arrest in Maryland, 5 Md. L.Rev. 125,159 (rule 5)); and we find it unnecessary here to undertake to decide such a question, for if the facts would justify an arrest, a fortiori, they would justify a detention for questioning.”

   1 later decision quote this exact passage · from the majority
   e.g. 120 Md. App. 171 - Flores v. State

2. ““When the police officers found the appellant in the vestibule, they were there in response to a call about a prowler * * *, they were aware of the very early hour of the morning, the marks on the door looking like pry marks were visible and they found the appel lant at and more or less, facing the inner door. These facts plainly gave the officers good cause to question the appellant as to why he was there and what he was doing. Instead of explaining, he muttered something and bolted immediately. Flight, though not conclusive, is usually evidence of guilt. * * * With flight added to the other facts already apparent to the officers, even if not before (and as to the prior situation we express no opinion), the officers, we think, had probable cause to believe that the appellant had just been engaged, in their presence, in committing or attempting to commit burglary.””

   1 later decision quote this exact passage · from the majority
   e.g. Young v. State