433 So. 2d 545 - Horvitz v. State’s Empirical Analysis

Citation profile

2 federal appellate · 15 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The point is that innumerable law enforcement officers, through personal experience, have observed that, while couriers do things that innocent, honest travelers do — such as pay in cash, drug couriers also tend to do things that innocent, honest travellers do not ordinarily do — such as travel under an assumed name. Is it either logically reasonable or philosophically justifiable for a judge or several judges to conclude that a combination of such observable factors are "clearly not sufficient to provide the reasonable suspicion of criminal activity necessary to justify ... a seizure. See Royer, [460] U.S. [512], 103 S.Ct. at 1332 (Brennan, J., concurring). I suggest not. I suggest, instead, that a sufficient (at least undetermined) correlation between the activities of the traveller and the drug courier profile should be considered reasonable suspicion for a stop and search.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 516 So. 2d 1015 - State v. Johnson