406 So. 2d 446 - Johnson v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is clear that the initial stop of the appellant's car constituted a `seizure' within the purview of the Fourth Amendment. Delaware v. Prouse , 440 U.S. 648 , 99 S.Ct. 1391 , 59 L.Ed.2d 660 (1979). However, probable cause is not always the standard to be applied in situations such as the one sub judice as it is well recognized that in certain instances an investigatory stop may be made under circumstances that constitute less than probable cause within the commonly accepted meaning of that term. Terry v. Ohio , 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). In Terry the United States Supreme Court, in discussing warrantless stops based on less than probable cause stated: `[W]e deal here with an entire rubric of police conduct-necessarily swift action predicated upon the on-the-spot observations of the officer on the beat-which historically has not been, and as a practical matter could not be, subjected to the warrant procedure. Instead, the conduct involved . . . must be tested by the Fourth Amendment's general proscription against unreasonable searches and seizures.'"”

   1 later decision quote this exact passage
   e.g. 434 So. 2d 298 - Kemp v. State

2. ““A review of the evidence reveals that Officer Patterson had the following facts before him when he stopped the appellant’s car: (1) A robbery had just been committed, (2) He had observed the appellant’s car a short distance from the store and only moments after the radio dispatch concerning the robbery had been received, (3) The appellant’s car was the only vehicle on the road at the time he observed it, and (4) immediately prior to stopping the appellant’s car, he had seen several people near the store pointing in the direction of the appellant’s car.””

   1 later decision quote this exact passage
   e.g. 426 So. 2d 938 - Ladd v. State