McCain v. Com.’s Empirical Analysis

Citation profile

45 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “we give deference to the factual findings of the circuit court, but we independently determine whether the manner in which the evidence was obtained meets the requirements of the Fourth Amendment. The defendant has the burden to show that, considering the evidence in the light most favorable to the Commonwealth, the trial court’s denial of his suppression motion was reversible error.”

   3 later decisions quote this exact passage
   e.g. Curley v. Commonwealth · 56 Va. App. 741 - Fitchett v. Commonwealth

2. ““[although the character of the location and the time are relevant factors, they did not provide either officer a particularized and objective basis for suspecting McCain was armed and dangerous[,] ... the officers did not notice any physical or mental impairment that would indicate drug use by McCain, and there were no physical or other characteristics observed by the officers that indicated McCain might be armed and dangerous. Although he may have appeared to be nervous, McCain identified himself when requested, did not make any furtive movements, and cooperated with the police officers until Thompson asked permission to do a pat-down search.”

   2 later decisions quote this exact passage
   e.g. 55 Va. App. 30 - Smith v. Commonwealth · 57 Va. App. 181 - Baker v. Commonwealth

3. “Review of the existence of ... reasonable suspicion involves application of an objective rather than a subjective standard.”

   2 later decisions quote this exact passage
   e.g. Curley v. Commonwealth · Williams v. WARDEN OF SUSSEX I STATE PRISON