State v. Erdman’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The State contends section 39-10-71, N.D.C.C., must be interpreted “with a sense of reasonableness and an examination of legislative intent.” The State supports its “reasonableness” standard of interpreting section 39-10-71, N.D.C.C., with the following hypothetical question: “What if the police officer in civilian clothing drove a patrol car with permanent overhead lights and markings on the front doors. Shouldn’t that officer be justified in expecting a subject vehicle to respond accordingly when signaled to stop? I think so.” Whether or not an officer in such a situation should reasonably expect the driver to stop is arguable. Interpretation of this section, however, is not controlled by an officer’s reasonable expectations. Furthermore, we think it improper to attempt to discern legislative intent from anything other than the language of the statute when the language specifically requires the officer to wear a uniform and display a badge when attempting to signal a stop. Discerning legislative intent in this case is precluded by section 1-02-05, N.D.C.C., which reads: “when the wording of a statute is clear and free of all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.””

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

2. “Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle, when given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a class A misdemeanor. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform, prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle.”

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

3. “if its probative value is substantially outweighed by the danger of unfair prejudice....”

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