State v. Gardner’s Empirical Analysis

Citation profile

1 federal appellate · 3 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Art. 211. Summons by officer instead of arrest and booking A. When it is lawful for a peace officer to arrest a person without a warrant for a misdemeanor, he shall give a written summons instead of making an arrest if all of the following exist: (1) The officer has reasonable grounds to believe that the person will appear upon summons; (2) The officer has no reasonable grounds to believe that the person will cause injury to himself or another or damage to property or will continue in the same or a similar offense unless immediately arrested and booked; (3) There is no necessity to book the person to comply with routine identification procedures. B. In any case in which a summons has been issued, a warrant of arrest may later be issued in its place. § 391. Appearance upon arrest A. Whenever any person is arrested for a violation of any provision of this Chapter or any regulation of the department or of the secretary of the Department Public Safety adopted pursuant thereto, except as otherwise provided in this Section, the arresting officer shall take his name, address, the license number of his motor vehicle, and the number of his operator's license, and shall issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons and notice. The time shall be at least five days after arrest, unless the person arrested demands an earlier hearing. If the person arrested demands an earlier hearing, he shall have a right to an immediate h”

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

2. “This Section does not apply to any person charged with an offense involving or contributing to an accident resulting in injury or death to any person, or to any person charged with driving while under the influence of intoxicants or narcotics, or to any person whom the arresting officer has good cause to believe has committed any felony or misdemeanor, and in any of these cases the arresting officer shall immediately take the person arrested before the nearest or most accessible magistrate having jurisdiction.”

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

3. “[R.S. 32:391C] is generally designed to deal with those situations the legislature had considered to be more serious than simple violations of the Highway Regulatory Act where no accident, injury or damage has occurred. Therefore, in situations contemplated by C above, the arrested person must be taken before a magistrate, i.e., the statute directs that he shall be subjected to a full custody arrest, rather than being issued a summons with the options available under R.S. 391A and B, supra.”

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