Hooper v. State’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““At the outset we are confronted with what appears to be a pretext arrest. A search incident to a pretext arrest is invalid. United States v. Lefkowitz, 285 U.S. 452, 467 , 52 S.Ct. 420, 424 , 76 L.Ed. 877 (1932); Amador-Gonzalez v. United States, supra [ 391 F.2d 308 (5th Cir.1968)]; Pruitt v. State, 389 S.W.2d 475 (Tex.Cr.App.1965), overruled on other grounds in Onofre v. State, 474 S.W.2d 699 (Tex.Cr.App.1972); Adair v. State, 427 S.W.2d 67 (Tex.Cr.App.1967) (dissenting opinions of Onion, J., and Morrison, J., and cases cited therein); Talbert v. State, 489 S.W.2d 309 (Tex.Cr.App.1973); Hall v. State, 488 S.W.2d 788 (Tex.Cr. App.1973). “The only evidence in the record that appellant’s brake lights were defective were the hearsay statements of Detective Waggoner that appellant was stopped for that reason and booked on that charge. Waggoner’s subsequent affidavit in support of the search warrant also made this allegation. However, the city attorney later dismissed charges on the traffic offense and a mechanic testified that the brake lights were not defective when he examined them the next day. The arresting officer, Detective Holt, did not testify, but he must have been aware of Waggoner’s ‘attempt to locate’ radio bulletin prior to appellant’s arrest. “The State has the burden of proving the legality of a warrantless arrest or search. Coolidge v. New Hampshire, 403 U.S. 443, 455 , 91 S.Ct. 2022, 2032 , 29 L.Ed.2d 564 (1971); Washington v. State, 518 S.W.2d 240 (Tex.Cr.App.”

   1 later decision quote this exact passage · from the majority
   e.g. Dodson v. State