State v. Mobley’s Empirical Analysis
1954
Citation profile
105 state decisions
How this case has been cited
Cited by 111 later decisions — most recently December 2011 · most notably State v. Sparrow (1970), State v. Moore (1969)
105 state decisions — followed in 10 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Carroll v. United States · Garske v. United States · Commonwealth v. Gorman · United States v. Slusser · Martin v. State
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 111 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) When the person to be arrested has committed a felony or misdemeanor in the presence of the officer, or when the officer has reasonable ground to believe that the person to be arrested has committed a felony or misdemeanor in his presence;"”
4 later decisions quote this exact passagee.g. State v. Cooper · State v. McCloud““True, the right of a person to use force in resisting an illegal arrest is not unlimited. He may use only such force as reasonably appears to be necessary to prevent the unlawful restraint of his liberty. State v. Allen, [ 166 N.C. 265 , 80 S.E. 1075 ,] supra. See also State v. Glenn, 198 N.C. 79 , 150 S.E. 663 . And where excessive force is exerted, the person seeking to avoid arrest may be convicted of assault, or even of homicide if death ensues, 4 AmJur., Arrest, Sec. 92.””
2 later decisions quote this exact passage““This statute confers on peace officers and private persons, on equal terms, the power of arrest without warrant in certain misdemeanor cases. The statute follows in the main the pre-existing principles of the common law. (Statute quoted) * * * * * the power of arrest without warrant is referable entirely to the question of breach of the peace. The test is not whether the offense is a misdemeanor, but, rather, whether an arrest is necessary in order to ‘suppress and prevent’ a breach of the peace. ***** it’s (the statute) language is plain and clear. An arrest without warrant may be made under the provisions of this statute by anyone when it is necessary to ‘suppress and prevent’ a breach of the peace. This means that either a peace officer or a private person may arrest anyone who in his presence is (1) actually committing or (2) threatening to commit a breach of the peace. ***** [wje think a breach of the peace is threatened within the meaning of the statute if the offending person’s conduct under the surrounding facts and circumstances is such as reasonably justifies a belief that the perpetration of an offense amounting to a breach of the peace is imminent. (Numerous authorities cited).””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.