45 Or. App. 407 - State v. Miller’s Empirical Analysis

Citation profile

12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A law enforcement officer, in the process of making an arrest or questioning a person suspected of criminal activity, may take reasonably necessary measures to protect himself and other persons from injury. State v. Riley, [ 240 Or 521 , 402 P2d 741 (1965)], Terry v. Ohio, 392 US 1 , 88 SCt 1868 , 20 LEd2d 889 (1968). * * *" (Emphasis supplied.)”

   2 later decisions quote this exact passage
   e.g. 57 Or. App. 78 - State v. McGregor · 63 Or. App. 102 - State v. Goodman

2. “"* * * To justify the seizure of a weapon which could be used against the arresting officer we shall not draw a fine line measuring the possible risk to the officer's safety. The officer should be permitted to take every reasonable precaution to safeguard his life in the process of making the arrest." 240 Or. at 524-25 , 402 P.2d 741 .”

   2 later decisions quote this exact passage
   e.g. 57 Or. App. 78 - State v. McGregor · 41 Wash. App. 481 - State v. Perez

3. “"Where an officer is faced with a situation that requires quick action and often hasty decisions in order to remove any risk of danger to himself or others, we should take into account the circumstances facing the officer. Severe judicial second guessing with the benefit of detached analysis and hindsight is not appropriate. The officer's good faith belief that he observed something that could reasonably be a weapon to harm him or others should not be disregarded." State v. Miller, 45 Or. App. 407, 411 , 608 P.2d 595, 597 (1980).”

   1 later decision quote this exact passage
   e.g. 41 Wash. App. 481 - State v. Perez