State v. Daley’s Empirical Analysis

Citation profile

1 district · 5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) an intention on the part of the arresting officer “then and there to make the arrest” “under a real or pretended authority”; (2) a communication of that intention by the arresting officer to the one whose arrest is sought; (3) an understanding of that intention by the person who is to be arrested; and (4) “the actual or constructive seizure or detention of the person to be arrested by the one having the present power to control him.””

   2 later decisions quote this exact passage
   e.g. State v. Donahue · 783 F. Supp. 1475 - Maguire v. Municipality of Old Orchard Beach

2. “"It is true that merely saying to a person— you are under arrest — without an effective physical restraint of the person concomitant with the proclamation will not constitute an arrest of the person. On the other hand, these same words — you are under arrest — are sufficient to effect an arrest of the person, if the person to be arrested is in the presence and power of ffie officer and in consequence of the communication submits to the officer’s restraint. In this latter instance, however, if, instead of submitting, the person flees from the officer, there would be no arrest until the officer had laid hold of the person.””

   1 later decision quote this exact passage
   e.g. People v. Thornton