State v. Smith’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]here a defendant cooperates with police, in the absence of any threatening behavior by the defendant, generalized safety concerns * * * are insufficient to justify an officer-safety search.”

   1 later decision quote this exact passage
   e.g. 295 Or. App. 559 - State v. Nye

2. “the officer's safety concerns [are] based on facts specific to the particular person searched, not on intuition or a generalized fear that the person may pose a threat to the officer's safety.”

   1 later decision quote this exact passage
   e.g. 291 Or. App. 359 - State v. O'Dell

3. “[t]his is also not a case where there was evidence that defendant was armed or had access to weapons that were not secured at the time of the search”

   1 later decision quote this exact passage
   e.g. 290 Or. App. 889 - State v. Bradford