555 So. 2d 257 - Harrell v. State’s Empirical Analysis
1989
Citation profile
23 state decisions
How this case has been cited
Cited by 23 later decisions — most recently November 2006
23 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Batson v. Kentucky · Rawlings v. Kentucky · Porzig v. Nolden · Pacific Gas & Electric Co. v. Public Utilities Commission · Maryland v. MacOn
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.
“' " 'In the law of search and seizure . . . the question is whether the defendant has, in discarding the property, relinquished his reasonable expectation of privacy so that its seizure and search is reasonable within the limits of the Fourth Amendment. . . . In essence, what is abandoned is not necessarily the defendant's property, but his reasonable expectation of privacy therein. " ' " 'Where the presence of the police is lawful and the discard occurs in a public place where the defendant cannot reasonably have any continued expectation of privacy in the discarded property, the property will be deemed abandoned for purposes of search and seizure.' " ' " 572 So.2d at 507 ( quoting Harrell v. State , 555 So.2d 257 , 260 (Ala.Crim.App.), aff'd , 555 So.2d 263 (Ala. 1989) (quoting other cases). Abandonment as a result of illegal police conduct, however, is not a voluntary abandonment for search and seizure purposes. Atwell v. State , 594 So.2d at 209. However, we hold there was no illegal police conduct in this case. Investigatory stops may be conducted by police on the basis of reasonable suspicion of wrongdoing, Terry v. Ohio , 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). Reasonable suspicion "is a less demanding standard than probable cause,”
5 later decisions quote this exact passage“[t]he informant. . . was a mere `tipster' and was not a participant in the crime and did not provide probable cause for the arrest”
2 later decisions quote this exact passage“'An adverse ruling is a preliminary requirement to preservation of error and appellate review. . . . Absent an adverse ruling the issue of the objection is not properly before this court.' Van Antwerp v. State , 358 So.2d 782 , 790 (Ala.Cr.App.), cert. denied, Ex parte Van Antwerp , 358 So.2d 791 (Ala. 1978). 'A party cannot claim error where no adverse ruling is made against him.' Holloway v. Robertson , 500 So.2d 1056 , 1059 (Ala. 1986). An adverse ruling by the trial judge is a prerequisite for preserving the alleged error for appellate review. Borden v. State , 523 So.2d 508 , 511 (Ala.Cr.App. 1987).”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.