State v. Ellison’s Empirical Analysis

Citation profile

14 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]n officer's observation of the outer packaging of a suspected parcel, standing alone, is insufficient to constitute probable cause to believe the parcel contains contraband. Hansen v. State, 385 So.2d 1081 (Fla. 4th DCA), petition for rev. denied, 392 So.2d 1379 (Fla.1980). Consequently, we have held that hand-rolled cigarettes alone may not be seized even though an experienced narcotics officer may suspect that they contain marijuana. Carr [v. State, 353 So.2d 958 (Fla. 2d DCA 1978).] Similarly, seizure of a plastic baggie ensconced in a shirt pocket is impermissible when the seizure is based solely on the officer's knowledge that marijuana is commonly carried in such containers. Harris v. State, 352 So.2d 1269 (Fla. 2d DCA 1977). See also Bailey [v. State, 319 So.2d 22 (Fla.1975).] Likewise, a brown manila envelope, which could contain "any number of items," cannot be opened and investigated without a warrant where the officer had no reason to believe that it contained marijuana even though such envelopes are commonly used to carry small amounts of marijuana. Thompson v. State, 405 So.2d 501 (Fla. 2d DCA 1981). Accord Kelly v. State, 407 So.2d 1011 (Fla. 5th DCA 1981) (amber-colored prescription bottle); Hansen ("bundles" composed of a garbage bag, cardboard box, and briefcase).”

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

2. “[with respect to situations where the officer observes suspicious-looking conduct], there is a fair amount of judicial language to be found which is directed to the question of how probable it must appear that criminal conduct is occurring... . It is commonly said [in judicial opinions] that `an arrest and search based on events as consistent with innocent as with criminal activity are unlawful,' so that if the observed pattern of events `occurs just as frequently or even more than frequently in innocent transactions, the pattern is too equivocal to form the basis for such a warrantless arrest.' The mere fact that `innocent explanations for the activity may be imagined' is not enough to defeat the probable cause showing, and there is probable cause if a `succession of superficially innocent events had proceeded to the point where a prudent man could say to himself that an innocent course of conduct was substantially less likely than a criminal one.'”

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

3. “The test to determine the existence of such probable cause is whether `the facts and circumstances within the officer's knowledge and of which he had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense had been [or is being] committed.' Benefield v. State, 160 So.2d 706 (Fla. 1964) [remaining citations omitted]. `The facts constituting probable cause need not meet the standard of conclusiveness and probability required of the circumstantial facts upon which a conviction must be based.' ... In essence, then, the totality of the circumstances, i.e., the whole picture, must be taken into account.”

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