Smith v. State’s Empirical Analysis

Citation profile

2 federal appellate · 44 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"And an arrest begins when an officer begins his pursuit for the purpose of making an arrest. If an officer does not have the authority to make an arrest at the instant he begins his pursuit for the purpose of making the arrest, the fact that the person the officer is pursuing violates the traffic law in making his escape does not thereby authorize the arrest that began unlawfully, because an officer who attempts an unlawful arrest cannot later arrest a citizen for resisting such trespass. Gause v. State, 203 Miss. 377 , 34 So.2d 729 ; Contee v. United States, 94 U.S.App.D.C. 297 , 215 F.2d 324 ; Graham v. State, Fla., 60 So.2d 186 ; 4 Am.Jur., Arrest, Sec. 121, p. 76." ( Id. at 743-744, 128 So.2d at 859-860 ). (Emphasis added).”

   5 later decisions quote this exact passage
   e.g. Watts v. State · Delker v. State

2. “[t]he search of a prisoner, as a part of and incident to an arrest, is in a different legal category from the constitutional prohibition against a search for contraband and evidence, with a search warrant. The search must nevertheless be a "reasonable search" and the arrest must be on "probable cause", or with a warrant. Patenotte v. U.S. [ 266 F.2d 647 (5th Cir. 1959)], supra. It is the common law duty of the officer after having legally arrested a defendant to search his person, and the surroundings of the prisoner. 4 Am.Jur., Arrest, Sec. 68 p. 47; Harris v. State, 216 Miss. 895 , 63 So.2d 396 [(1953)]; Keel v. State, 176 Miss. 867 , 169 So. 653 [(1936)]. But an arrest may not be used as a pretext to search for evidence.”

   1 later decision quote this exact passage
   e.g. 656 So. 2d 95 - Smith v. State

3. “"* * * Unlike the search made under a search warrant, which describes the property to be searched, the search, as an incident to an arrest, is a limited search. It extends only to the `immediate presence' of the prisoner, the possessions in his `immediate control' and in his `immediate surroundings'. * * *." (240 Miss. at 742, 743; 128 So.2d at 859)”

   1 later decision quote this exact passage
   e.g. 236 So. 2d 408 - Wright v. State