State v. Sheppard’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. “[1] the amount of force displayed, [2] the duration of a detention, [3] the efficiency of the investigative process and whether it is conducted at the original location or the person is transported to another location, [4] the officer’s expressed intent — that is, whether he told the detained person that he was under arrest or was being detained only for a temporary investigation, and [5] any other relevant factors.”

   2 later decisions quote this exact passage · from the majority
   e.g. Alejandro Castro v. State · State v. Phyllis Jean Whittington

2. “[F]actual findings are who did what, when, where, how, or why. They also include credibility determinations. They do not include legal rulings on ‘reasonable suspicion' or 'probable cause’; those are legal conclusions subject to de novo review, not deference.”

   1 later decision quote this exact passage · from the majority
   e.g. State of Texas v. Mazuca, Alvaro