Jenkins v. Wal-Mart Stores, Inc.’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A. (1) A peace officer, merchant, or a specifically authorized employee or agent of a merchant, may use reasonable force to detain a person for questioning on the merchant’s premises, for a length of time, not to exceed sixty minutes, unless it is reasonable under the circumstances that the person be detained longer, when he has reasonable cause to believe that the person has committed a theft of goods held for sale by the merchant, regardless of the actual value of the goods. The merchant or his employee or agent may also detain such a person for arrest by a peace officer. The detention shall not constitute an arrest.”

   1 later decision quote this exact passage
   e.g. 747 So. 2d 89 - Durand v. Brookshire Grocery Co.

2. ““Reasonable Cause” under LSA-C.Cr.P. art. 215 is not synonymous with probable cause. Reasonable cause for an investigatory detention is something less than probable cause. It requires that the detaining officer have articulable knowledge of particular facts sufficiently reasonable to suspect the detained person of criminal activity. The test of liability is not based on the store patron’s actual guilt or innocence, but rather on the reasonableness of the store employee’s action under all the circumstances.”

   1 later decision quote this exact passage
   e.g. 747 So. 2d 89 - Durand v. Brookshire Grocery Co.