35 Va. App. 172 - Dickerson v. Commonwealth’s Empirical Analysis
2001
Citation profile
23
cited by 23 later decisions
1
states following
May 2015
most recently cited
23 state decisions
Relationships
Relies on Florida v. Royer · Ornelas v. United States · United States v. Mendenhall · Whren v. United States · New York v. Belton
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A voluntary police-citizen encounter becomes a seizure for Fourth Amendment purposes “[o]nly when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen.” Florida v. Bostick, 501 U.S. 429, 434 , 111 S.Ct. 2382, 2386 , 115 L.Ed.2d 389 (1991). “So long as a reasonable person would feel free ‘to disregard the police and go about his business,’ the encounter is consensual and no reasonable suspicion is required.” Id. (citation omitted).... In determining whether the encounter was consensual, we must “consider all the circumstances surrounding the encounter to determine whether the police conduct would have communicated to a reasonable person that the person was not free to decline the officers’ requests or otherwise terminate the encounter.” Id. at 439 , 111 S.Ct. at 2389 . In determining whether a reasonable person would feel he or she was not free to terminate an encounter with the police, several jurisdictions, including Virginia, have utilized a set of factors first articulated by Justice Stewart in his opinion in United States v. Mendenhall, 446 U.S. 544 , 100 S.Ct. 1870 , 64 L.Ed.2d 497 (1980) (opinion of Stewart, J.). See United States v. Galvan-Muro, 141 F.3d 904, 906 (8th Cir.1998); United States v. Turner, 928 F.2d 956, 959 (10th Cir.1991); Parker v. Commonwealth, 255 Va. 96, 101-02 , 496 S.E.2d 47, 50 (1998); Baldwin v. Commonwealth, 243 Va. 191, 196 , 413 S.E.2d 645, 648 (1992). Those factors include: “the thr”
1 later decision quote this exact passage“when an officer makes a lawful traffic stop, the scope of the temporary detention may not exceed the purpose of the stop.”
1 later decision quote this exact passage
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.