344 N.J. Super. 136 - State v. Brennan’s Empirical Analysis

Citation profile

8 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Courts are attuned to gauge the reasonableness of a policeman’s actions in citizen-police confrontations and to sort out police behavior which is lawful and proper from that which is not. E.g., Adams v. Williams, 407 U.S. 143, 146 , 92 S.Ct. 1921, 1923 , 32 L.Ed.2d 612, 617 (1972); Terry v. Ohio, 392 U.S. 1, 20-27 , 88 S.Ct. 1868, 1879-1883 , 20 L.Ed,2d 889, 905-909 (1968); State in Interest of H.B., 75 N.J. 243 , 248, 381 A.2d 759 (1977) (stop-and-frisk cases); State v. Washington, 57 N.J. 160, 162-163 , 270 A.2d 282 (1970); State v. Moriarty, 133 N.J.Super. 563, 573-575 , 338 A.2d 14 (App.Div.1975), certif. den, 68 N.J. 172, 343 A.2d 459 (1975) (resisting arrest cases). Judge Goldmann observed that “... [t]he duty of police officers, ..., is ‘not merely to arrest offenders, but to protect persons from threatened wrong and to prevent disorder. In the performance of their duties they may give reasonable directions’ ”. State v. Taylor, supra, 38 N.J.Super. at 30, 118 A.2d 36 , quoting from People v. Nixon, 248 N.Y. 182, 188 , 161 N.E. 463, 466 (Ct.App.1928) and People v. Galpern, 259 N.Y. 279 , 181 N.E. 572 (Ct.App.1932); accord, State v. Manning, supra, 146 N.J.Super. at 596, 370 A.2d 499 . The average citizen is, likewise, held to a similar standard and deemed capable of differentiating between permissible and impermissible behavior. Reasonableness is the key. Hence, where an officer’s instructions are obviously reasonable, in furtherance of his duties, an individual toward ”

   3 later decisions quote this exact passage · from the majority
   e.g. Tarus v. Borough of Pine Hill · State v. Hamilton

2. “if the police are performing a law enforcement function in an appropriate manner, i.e., not with an excessive use of force, then a citizen is obligated to comply with the directions of the police. Failure to do so can result in a number of offenses”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Hamilton · 381 N.J. Super. 412 - Tarus v. Borough of Pine Hill

3. “b. Defiant Trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by: (1) Actual communication to the actor....”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Hamilton