State v. Ratliff’s Empirical Analysis

Citation profile

49 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In recognition of the mobility of automobiles, a search of an automobile without a warrant is constitutionally permissible if there is probable cause to make the search. (Citations omitted.) The search of an automobile on probable came proceeds on a theory entirely different from that justifying the search incident to an arrest. “The right to search and the validity of the seizure are not dependent on the right to arrest. They are dependent on the reasonable cause the seizing officer has for belief that the contents of the automobile offend against the law.” (Citation omitted) . “Automobiles, because of their mobility, may' be searched without a warrant upon facts not justifying a warrantless search of a residence or office (citations omitted). The cases so holding have, however, always insisted that the officers conducting the search have ‘reasonable or probable cause’ to believe that they will find the instrumentality of a crime or evidence pertaining to a crime before they begin their warrantless search.” (Citation omitted.) If there is probable cause to search an automobile, the officer may either seize and hold the vehicle before present ing the probable cause issue to a magistrate, or he may carry out an immediate search without a warrant. “For constitutional purposes we see no difference between the one hand seizing and holding a car before presenting the probable cause issue to a magistrate and on the other hand carrying out an immediate search without a warrant. Give”

   1 later decision quote this exact passage
   e.g. State v. White

2. ““The officer observed defendant, apparently nude, in a parked car on the parking lot of a business establishment at midnight. Any alert officer under such circumstances would stop and investigate. When this officer stopped, defendant tried to drive away. Then he was seen brushing something out of his lap into the floorboard of the car. Then he appeared to kick something under the seat with his left leg and foot. Such suspicious, furtive conduct would alert any officer to the fact that defendant had something to hide.” 281 N.C. at 404 , 189 S.E. 2d at 183 .”

   1 later decision quote this exact passage
   e.g. 34 N.C. App. 352 - State v. Blackwelder

3. ““For constitutional purposes, we see no difference between on the one hand seizing and holding a car before presenting the probable cause issue to a magistrate and on the other hand carrying out an immediate search without a warrant. Given probable cause to search, either course is reasonable under the Fourth Amendment.””

   1 later decision quote this exact passage
   e.g. State v. Paschal