Belote v. State’s Empirical Analysis

Citation profile

50 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]n arrest in Maryland ordinarily requires four elements to coalesce: “(1) an intent to arrest; (2) under a real or pretended authority; (3) accompanied by a seizure or detention of the person; and (4) which is understood by the person arrested.” Id. at 516 , 350 A.2d at 133 (citing 6A C.J.S. Arrest § 42 (1975)); Longshore v. State, 399 Md. 486, 502 , 924 A.2d 1129, 1137-38 (2007). We reasoned that [the officer] lacked the subjective intent to arrest Bouldin and failed to demonstrate, in his conduct or words, any objective acts that would reflect an intention to perform a custodial arrest of the unconscious Bouldin. Bouldin, 276 Md. at 518 , 350 A.2d at 134 . In concluding that Bouldin was not arrested at the time that [the officer] searched his belongings, we emphasized that [the officer’s] conduct immediately prior to, and contemporaneously with, the search did not resemble the kind of conduct that indicated an intent to make a custodial arrest. Id. at 518-19 , 350 A.2d at 134 . In fact, we noted, [the officer] “said nothing and did nothing before searching Bouldin’s clothing to indicate to anyone in control of Bouldin’s medical care and movements that Boul-din was under arrest.” Id. In Bouldin , we appropached the custodial arrest question by reviewing [the officer’s] objective conduct and subjective intent. Id. The Bouldin court’s analysis established that, where a police officer’s objective conduct unambiguously reflects an intent to make a custodial arrest, the subject”

   4 later decisions quote this exact passage
   e.g. 193 Md. App. 259 - CANELA AND PEREZ v. State · Bailey v. State

2. ““[A]n appellate court looks only to the evidence that was presented at the suppression hearing. The reviewing court views the evidence in the light most favorable to the prevailing party and defers to the motions court with respect to its first level factual findings. The ultimate determination of whether there was a constitutional violation, however, is an independent determination that is made by the appellate court alone, applying the law to the facts found in each particular case.””

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

3. “[A]n officer’s objective “manifestation of purpose and authority” at the “moment of arrest,” by words or conduct, which signal to an individual that he or she is under arrest, will be, and always has been, significant in determining whether a custodial arrest has occurred in Maryland.”

   1 later decision quote this exact passage
   e.g. 195 Md. App. 695 - Moore v. State