256 Ga. App. 429 - Milby v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A reasonable search for weapons for the protection of the police officer is permitted where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime. The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger. Terry v. Ohio, 392 U. S. 1, 27 (88 SC 1868, 20 LE2d 889) (1968). 3”

   2 later decisions quote this exact passage
   e.g. 289 Ga. App. 657 - Walker v. State · 272 Ga. App. 291 - Wilson v. State

2. “[t]he safety of officers is of extreme importance to this Court. Nonetheless, our constitution requires an officer to provide evidence to show that an act alleged to be performed for his safety [or the safety of others] was actually performed for that purpose in conformance with the requisite standards of Terry . Without appropriate evidence that the officer had a reasonable basis for concluding that [Teal] was armed or was otherwise a threat to his personal safety, the [Terry pat-down was] unconstitutional. Because the evidence in this case does not show that [the officer] had a reasonable basis for concluding that [Teal] was armed or dangerous prior to performing his automatic and habitual pat-down, the pat-down was constitutionally improper. . . .”

   1 later decision quote this exact passage
   e.g. 291 Ga. App. 488 - Teal v. State