248 Ga. App. 859 - State v. Gibbons’s Empirical Analysis

Citation profile

41 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`[r]ather than ticket [the driver] or release him, the officer decided to conduct a drug investigation.' It is this continued detention that makes the questioning and request to search without reasonable suspicion of criminal activity impermissible.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 250 Ga. App. 278 - Henderson v. State · 271 Ga. App. 90 - State v. Bibbins

2. “a police officer's questioning, even on a subject unrelated to the purpose of the stop, is not itself a Fourth Amendment violation. Mere questioning is neither a search nor a seizure.”

   2 later decisions quote this exact passage · from the dissent
   e.g. 250 Ga. App. 278 - Henderson v. State · 271 Ga. App. 90 - State v. Bibbins

3. “To reiterate, “[s]o long as a reasonable person would feel free to disregard the police and go about his business, the encounter is consensual and no reasonable suspicion is required.” [Cit.] Here, . . . the trial court found that the defendant was detained without justification when the officer began to question the defendant about drugs and request consent to search. Therefore, the continued encounter was not consensual.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 252 Ga. App. 404 - State v. Jones