State v. Damm’s Empirical Analysis
1990
Citation profile
90 state decisions
How this case has been cited
Cited by 90 later decisions — most recently April 2021 · most notably State v. DeMarco (1998), State v. Canaan (1998)
90 state decisions
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 Terry v. Ohio · Wong Sun v. United States · Katz v. United States · United States v. Brignoni-Ponce · New York v. Belton
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 90 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"While [the defendant] was properly stopped and checked for the defective taillights, it was improper to seize him for the amount of time it took to run a check on every passenger in the car with him. An individual is `seized' when an officer restrains his freedom, even if the detention is brief and falls short of arrest. The Fourth and Fourteenth Amendments prohibit unreasonable seizures as well as searches. [Citations omitted.] The scope and duration of a seizure must be strictly tied to and justified by the circumstances which rendered its initiation proper. [Citation omitted.] Otherwise, the driver of a carload of people on the way to work, the driver of a vanload of people on the way to a ball game, or the driver of an intercity bus loaded with passengers, when stopped for a defective taillight, could be detained for an inordinate amount of time while the officer runs record checks on every passenger aboard." 246 Kan. at 224 , 787 P.2d 1185 .”
4 later decisions quote this exact passage · from the majority“[E]ach individual is `clothed with constitutional protection against an unreasonable ... seizure,' which may not be denied by the individual's `mere propinquity to others independently suspected of criminal activity.'”
2 later decisions quote this exact passage · from the majority“The officer in this case had no reasonable suspicion that there were outstanding warrants for the passengers. He had no report of the commission of a crime, saw nothing within the car which would indicate to him that the occupants had committed any offense, and had no reasonable justification for requiring identification of the passengers and running record checks on them. The seizure of the three occupants of the vehicle while 'routine record checks' were made of all occupants was unreasonable.”
1 later decision quote this exact passage · from the majoritye.g. State v. Ellis
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.