State v. Bolan’s Empirical Analysis

Citation profile

44 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In our opinion, the limited right of temporary detention extended to a merchant’s employee by R.C. Sec. 2935.041 does not place him in the category of a ‘law enforcement officer’ within the purview of Miranda. Essentially this same conclusion has been reached almost uniformly by courts of other jurisdictions. The rationale of these cases is that the duty of giving ‘Miranda warnings’ is limited to employees of governmental agencies whose function is to enforce law, or to those acting for such law enforcement agencies by direction of the agencies; that it does not include private citizens not directed or controlled by a law enforcement agency, even though their efforts might aid in law enforcement.” 27 Ohio St.2d at 18 , 271 N.E.2d at 842 .”

   3 later decisions quote this exact passage
   e.g. In Re L.G. · 44 Ohio App. 2d 163 - State v. McDaniel

2. “"When there is reasonable ground to believe that * * * a theft offense as defined in section 2913.01 of the Revised Code * * * has been committed within the limits of the political subdivision * * * in which the peace officer is * * * employed, * * * a * * * municipal police officer * * * may arrest and detain until a warrant can be obtained any person whom he has reasonable cause to believe is guilty of the violation." R.C. 2935.041, which prescribes the manner in which a mercantile establishment may detain a shoplifter and a peace officer may then make an arrest, provides in relevant part: "(A) A merchant, or his employee or agent, who has probable cause to believe that items offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (C) of this section, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity. "(C) * * * a merchant or his employee or agent pursuant to division (A) of this section may detain another person for any of the following purposes: "(1) To recover the property that is the subject of the unlawful taking * * *; "(2) To cause an arrest to be made by a peace officer; "(3) To obtain a warrant of arrest. “(D) * * * the merchant or his employee or agent acting under division (A) * * * of this section shall not search the person, search or seize any property belonging to the person detained without the person”

   2 later decisions quote this exact passage
   e.g. 97 Ohio App. 3d 59 - Evans v. Smith · 44 Ohio App. 2d 163 - State v. McDaniel