Owen v. State’s Empirical Analysis

Citation profile

1 federal appellate · 22 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"'"'Probable cause exists where "the facts and circumstances within their (the arresting officers') knowledge and of which they had reasonably trustworthy information (are) sufficient in themselves to warrant a man of reasonable caution in the belief that" an offense has been committed. . . .' (Citations omitted)."'"”

   3 later decisions quote this exact passage
   e.g. Phillips v. State · City of Birmingham v. Sutherland

2. “"`In some situations, the "potentiality for danger surrounding the arrest" may be so high that entry of premises to make a "protective sweep" will be permissible even though the arrest itself was achieved without entry. Typically, the reason no entry was made to arrest is because the police perceived the situation as a very dangerous one and thus took steps to cause the prospective arrestee to exit the premises and submit to arrest outside. Even with that person now in custody, the police may have good reason to doubt whether they can withdraw from the area with their prisoner without being fired upon, in which case an entry and "protective sweep" is justified. Such entries have been upheld when a weapon used in a recent crime by the arrestee or a weapon used by someone in firing at the police from those premises is as yet unaccounted for, and also when police have information the defendant was traveling with armed associates or that the defendant was armed and accompanied by another.'”

   1 later decision quote this exact passage
   e.g. 791 So. 2d 1043 - Doggett v. State

3. “they arrested Owen. While searching the house for any armed accomplices, the police discovered a .12 gauge shotgun and a box of shotgun shells which matched the type of shells found beside the victim. The weapon had been fired recently and ballistics tests later demonstrated that the shells found at the scene had been fired from the shotgun found in Owen's house. Id. at 217-18. 6 After arresting Owen, the police officers began to read the defendant his Miranda warnings. Owen interrupted them, saying,”

   1 later decision quote this exact passage
   e.g. Owen v. State of Alabama E