State v. Thompson’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[T]he encounter between Patrolman Weinbrenner and the defendant constituted a consensual encounter from and after the point in the stop that Patrolman Weinbrenner returned the driver!’] s license to the defendant and told him to have a good day. “In reaching this decision, I believe it is important that before asking additional questions: Patrolman Weinbrenner had returned the driver’s license and other documentation to the defendant; the defendant was unaware of any other officers at the scene at the time he agreed to answer further questions; at no time during the stop did Patrolman Weinbrenner use coercive force or methods in dealing with the defendant; Patrolman Weinbrenner never displayed his weapon; never touched the defendant or his vehicle; and he never exhibited a tone of voice or attitude to the defendant that might lead a reasonable person to believe he could not leave the scene. Under these circumstances!,] I am satisfied that the defendant was not seized by Patrolman Weinbrenner at the time of the further questioning and therefore the defendant’s Fourth Amendment rights do not come into play.””

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

2. ““At the heart of the Fourth Amendment is a strong requirement of specific justification for any intrusion upon protected personal liberty and security, coupled with a highly developed system of judicial controls to enforce the commands of our Constitution upon the agents of the State. Our court has experienced ever-increasing appeals with nearly identical fact patterns, indicating that there may be a perception in the field that a ‘bright fine rule’ merely requires the return of documentation to cleanse additional questioning.” 36 Kan. App. 2d at 261 .”

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

3. ““Where, as here, the district court has expressly found that there was no disengagement’ by the officer between the return of documentation and the additional questioning, we conclude that the undetectability of any transition to a consensual encounter weighs heavily against an objective conclusion that the driver should believe that he or she was free to end the conversation and simply drive away, which is the touchstone of the proper analysis. [Citations omitted.]” Thompson , 36 Kan. App. 2d at 259-60 .”

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