34 Or. App. 21 - State v. Carter’s Empirical Analysis

Citation profile

2 federal appellate · 23 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Traffic stops should be the minimum possible intrusion on Oregon motorists, and not an excuse to begin questioning, searching or investigating that is unrelated to the traffic reason for the stop.”

   6 later decisions quote this exact passage
   e.g. State v. Jackson · 40 Or. App. 99 - State v. Wesson

2. “Searches and seizures otherwise authorized by law incidental to an arrest shall not be authorized if the arrest is on a charge of committing a Class B, C or D traffic infraction unless the arrest is a full custody arrest in which the person arrested is to be lodged in jail, and the decision to place the person arrested under full custody arrest is based upon specific articulable facts justifying his being lodged in jail rather than being given a traffic citation as provided in this chapter and released.”

   2 later decisions quote this exact passage
   e.g. Easton v. Hurita · State v. Jackson

3. “"* * * One possibility — supported by part of Officer Miller's testimony at the suppression hearing — is that he made a plain-view observation of marihuana (sic) in the course of stopping defendants for speeding, or requesting drivers' licenses and registration, or while making inquiry relating to the speeding infraction. If these are the facts, Officer Miller was authorized to inquire and search further. The other possibility — supported by Officer Miller's written report — is that after the `records check' came back `clear,' he began a series of inquiries that were not related to the traffic infraction: `Do you have anything in the car that shouldn't be there? Can I look into the car?' If these are the facts, and it was only after this irrelevant questioning that Officer Miller observed marihuana (sic), his observation was tainted by the unreasonable intrusiveness of the stop. "Simply stated, when the `records check' came back `clear,' Officer Miller could do no more than write a citation and send defendants on their way. He could not begin questioning or an investigation that had nothing to do with the objective reason for the stop (speeding). If he did so, the officer extended the duration of the stop without legally sufficient articulated cause." 34 Or. App. at 32-33 , 578 P.2d at 796-97 .”

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