State v. Hicks’s Empirical Analysis

Citation profile

51 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[A]llowing flight alone to justify an investigative stop would undercut the very values Terry sought to safeguard. Terry is based in part upon the proposition that' the right to freedom from arbitrary governmental intrusion is as valuable on the street as it is in the home. Thus, while a police officer does not violate the Fourth Amendment by approaching an individual in a public place and asking if the person will answer some questions, neither is the person under any obligation to answer. Florida v. Royer, 460 U.S. 491 , 103 S. Ct. 1319 , 75 L. Ed. 2d 229 (1983). The person may decline to listen to the questions at all and simply go on his or her way. Id. If the option to ‘move on’ is chosen, the person ‘may not be detained even momentarily without reasonable, objective grounds for doing so; and his refusal to listen or answer does not, without more, furnish those grounds.’ 460 U.S. at 498 . *** Flight upon approach of a police officer may simply reflect the exercise — ‘at top speed’ — of the person’s constitutional right to ‘ “move on.” ’ Shabaz, 424 Mich. at 63 , 378 N.W.2d at 460 . Terry and Royer stand for the proposition that exercise of this constitutional right may not itself provide the basis for more intrusive police activity. * * * A prime concern underlying the Terry decision is protecting the right of law-abiding citizens to eschew interactions with the police. Authorizing the police to chase down and question all those who take flight upon their approach would”

   2 later decisions quote this exact passage
   e.g. 183 Ill. 2d 306 - People v. Wardlow · State v. Kreps