508 So. 2d 361 - State v. Barrett’s Empirical Analysis

Citation profile

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

1. “`[T]he legislature has specifically declared that breath tests must be incident to a lawful arrest, and has made pre-arrest breath tests inadmissible.'”

   2 later decisions quote this exact passage
   e.g. 875 So. 2d 815 - State v. Serrago · 846 So. 2d 1163 - STATE, DEPT. OF HWY. SAF. AND MOTOR VEHICLES v. Whitley

2. “if he is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages.... The chemical or physical breath test shall be incidental to a lawful arrest ....”

   1 later decision quote this exact passage
   e.g. State v. Rivas-Marmol

3. “are admissible in evidence only where the test is incidental to a lawful arrest. The results of a pre-arrest breath test are not admissible into evidence in any civil or criminal proceeding.”

   1 later decision quote this exact passage
   e.g. State v. Rivas-Marmol