Shaver v. State’s Empirical Analysis
1998
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently December 2010
17 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Terry v. Ohio · Adams v. Williams · Sibron v. State of New York Peters · Pennsylvania v. Mimms · Minnesota v. Dickerson
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In his argument, Shaver places emphasis on [the officer’s] testimony that, when he searched Shaver’s pocket, the bulge “did not feel like a weapon” and this his “intent was to pull everything out of Mr. Shaver’s pockets, regardless.” In doing so, however, he ignores the circumstances leading to the patdown of Shaver - that guns were present, Shaver was seen next to a leather holster with a tee shirt or towel in his lap, and Shaver appeared “a bit agitated” and was ordered to “calm down.” To insure the officers’ safety, [the officer] felt compelled to check the “big bulge” in Shaver’s pocket, and while, in doing so, he found a bag of white powdery substance, [the officer] remained uncertain regarding what else was in Shaver’s pockets. Under these described circumstances, we cannot say the trial court was clearly wrong in finding that [the officer] was justified in conducting a limited search to determine that Shaver had no weapon on his person.”
1 later decision quote this exact passage“If a law enforcement officer who has detained a person under Rule 3.1 reasonably suspects that the person is armed and pres-endy dangerous to the officer or others, the officer or someone designated by him may search the outer clothing of such person and the immediate surroundings for, and seize, any weapon or other dangerous thing which may be used against the officer or others. In no event shall this search be more extensive than is reasonably necessary to ensure the safety of the officer or others.”
1 later decision quote this exact passage · from the dissent
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.