594 So. 2d 264 - Davis v. State’s Empirical Analysis

Citation profile

41 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “should not be disturbed on appeal unless ... clearly erroneous.”

   5 later decisions quote this exact passage
   e.g. State v. Kindle · 654 So. 2d 229 - Cooper v. State

2. “a reasonable person would not expect a consent to a search of his or her person to encompass a search as intrusive to the individual's privacy interests as a patdown or search of the crotch or groin”

   2 later decisions quote this exact passage
   e.g. 753 So. 2d 713 - Smith v. State · 743 So. 2d 97 - Sims v. State

3. “Further, the scope of the consent must be considered in light of the consenting person's expectation of privacy. State v. Wells, 539 So.2d at 467 . Therefore, the inquiry in this case is whether, under the totality of the circumstances, a reasonable person would have understood that the consent to a search of one's person would encompass a search as intrusive to a person's expectation of privacy as a patdown or a search of the groin area. A substantial expectation of privacy exists with respect to an individual's crotch or groin area. Further, the initial interference occurred in a public airport terminal, a setting that requires particular care to "ensure that police officers do not intrude upon the privacy interests of individuals." United States v. Blake, 888 F.2d at 800 .”

   1 later decision quote this exact passage
   e.g. 613 So. 2d 554 - Johnson v. State