52 Okla. Crim. 315 - Smith v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The facts are undisputed. Before trial a motion to suppress the evidence was filed on the ground that it had been obtained by an unlawful search. A hearing was had, and the motion was overruled. The case depends entirely on whether or not the evidence was obtained by an unlawful search. Upon this point the record shows that the sheriff and deputies saw defendant on the highway and followed him some 12 miles, in the course of which they went through the town of Snyder. The sheriff testified defendant traveled at a speed of from 58 to 60 miles an hour; that, when he finally overtook and stopped him, he arrested him for speeding and reckless driving; that the search was made as an incident to a lawful arrest. Defendant, testifying on the motion to suppress, said the sheriff when he stopped him on the highway informed him he was arresting him for speeding. Twenty-four half gallons of whisky were found in the turtleback of the car. In the final trial, defendant did not take the stand and offered no testimony.”

   1 later decision quote this exact passage
   e.g. 65 Okla. Crim. 371 - Skinner v. State

2. ““ ‘It is well settled that an officer making an arrest has • authority to search the person and immediate place of arrest of his prisoner and to take from him any dangerous weapons or anything that he may reasonably deem necessary to his own-or the public safety or to prevent the escape of his pris.oner or which, might be used as evidence against him on the trial or which he believes to be connected with the offense charged or that may give a clue to the commission of the crime.’ ” Citing cases. (Emphasis now supplied.)”

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

3. ““This court will not uphold an unreasonable search where it appears that one is illegally arrested on some subterfuge for the purpose of justifying or attempting to justify a search otherwise unlawful. If the arrest is unlawful, the search is unlawful. Wallace v. State, 294 P. 198 .””

   1 later decision quote this exact passage
   e.g. 97 Okla. Crim. 299 - Brinegar v. State