236 Or. App. 5 - State v. Smith’s Empirical Analysis

Citation profile

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

1. “"I mean if you're asking me do I think that somebody under those circumstances would be free to say no, I'm leaving, bye, actually, I don't think somebody would feel free to leave unless they happened to be trained as a lawyer and have a great deal of self confidence and willing to take the risk that the officer would understand the nuances in Salem. You're right, can't do a thing. "But that's not how the appellate courts think. The way the appellate courts think is that the line between a mere conversation and a constitutional stop requires something that conveys the impression that you're not free to leave to a reasonable person from the appellate point of view. "And from the appellate point of view, it takes a warrant check or something that is the equivalent like sit here or stay there or don't move for a minute while I—while I make—you just move over there and stand for a second. "None of that happened here. So I don't see how I can grant the motion."”

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

2. “There is no suggestion that either officer at the scene had communicated with the driver or defendant that they were being asked to step out of the car to facilitate the towing of the car; in fact, the evidence indicates that the driver had not yet even been given the citation that Manzella had written. The”

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

3. “But that is not what happened in this case. Here, Manzella initially approached defendant, asked for his name, and wrote it down. Manzella approached defendant a second time, asked him to step out of the car, and, while defendant was stepping out of the car, questioned him about anything he”

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