283 So. 2d 740 - State v. Warren’s Empirical Analysis

Citation profile

20 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Arrest is the taking of one person into custody by another. To constitute arrest there must be an actual restraint of the person. The restraint may be imposed by force or may result from the submission of the person arrested to the custody of the one arresting him.”

   6 later decisions quote this exact passage
   e.g. State v. Edwards · 354 So. 2d 1038 - State v. Sherer

2. “"Reasonable belief—or `probable cause' as it is termed under the federal standard—to make an arrest without a warrant exists when the facts and circumstances within the arresting officer's knowledge, and of which he has reasonable trustworthy information, are sufficient in themselves to justify a man of average caution in the belief that a felony has been or is being committed. Draper v. United States, 358 U.S. 307 , 79 S.Ct. 329 , 3 L.Ed.2d 327 (1959); State v. Green, 244 La. 80 , 150 So.2d 571 (1963); State v. Aias, 243 La. 945 , 149 So.2d 400 (1963); State v. Calascione, 243 La. 993 , 149 So.2d 417 (1963). "Compliance with these standards is, in the first instance, a substantive determination to be made by the trial court from the facts and circumstances of the case. Ker v. State of California, 374 U. S. 23 , 83 S.Ct. 1623 , 10 L.Ed.2d 726 (1963); State v. McIlvaine, 247 La. 747 , 174 So.2d 515 (1965). "And in determining compliance with these standards it is not the proof required for conviction which concerns us. Proof required to satisfy the requirement of reasonable belief or probable cause is less and is what the terms imply: probabilities and practical considerations of everyday life on which reasonable men could reasonably be expected to act. Brinegar v. United States, 338 U.S. 160 , 69 S.Ct. 1302 , 93 L.Ed. 1879 (1949); State v. Bourg, 248 La. 844 , 182 So.2d 510 (1966)."”

   2 later decisions quote this exact passage
   e.g. State v. Davis · 392 So. 2d 419 - State v. Wichers

3. “"A peace officer may, without a warrant, arrest a person when: . . . . . . "(3) The peace officer has reasonable cause to believe that the person to be arrested has committed an offense although not in the presence of the officer; ...."”

   2 later decisions quote this exact passage
   e.g. State v. Davis · 337 So. 2d 1177 - State v. Marks