Packer v. Sillas’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The officer can testify to every element of the particular misdemeanor offense by referring to specific and articulable observable facts and circumstances occurring within the range of the officer’s senses (enhanced or aided, in any given case, by the use of technological devices permitted under the law) which, when taken together with rational inferences from those observable facts set forth all of the elements of the misdemeanor; (2) The officer observes all of the elements of the misdemeanor prior to the arrest; (3) The officer subjectively and reasonably believes that the misdemeanor took place in his or her presence; (4) A reasonable person in the same position of the officer and possessing the prior experience and specialized training of the officer would objectively believe that the offense was taking place in his or her presence; (5) The totality of the circumstances is such that an officer would be justified in making a complaint upon which a warrant might issue.”

   1 later decision quote this exact passage
   e.g. People v. Alonzo C.