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← 659 SW2D 252 - State v. Moore

State v. Moore’s Empirical Analysis

1983

Citation profile

24
cited by 24 later decisions
2
states following
February 2012
most recently cited

2 federal appellate · 22 state decisions

How this case has been cited

Cited by 24 later decisions — most recently February 2012

2 federal appellate · 22 state decisions

1201983199020002010decided

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

Applies 26 U.S.C. § 5601

Relies on Payton v. New York · Johnson v. United States · United States v. Romano · State v. Wiley · State v. Olds

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

  1. “Probable cause must, of course, be analyzed according to the facts known at the time of arrest, not according to facts learned later. At the time the officers here arrested Mr. Moore, they knew that he had been sleeping in the house (although not in the bedroom), that he had answered the door earlier and that a Mr. Bailey was not present. They did not know whether defendant resided in the house (either as tenant or owner) or was a mere guest. All they knew for certain was that he was present in a dwelling where contraband was located. Our analysis of probable cause, then, must proceed on the basis that at the time of arrest the officers had no reasonable basis for a determination of defendant’s status other than his mere presence. Whether he was the owner, a tenant, a guest or a trespasser was a matter of surmise.”
    1 later decision quote this exact passage
  2. “In other words, reason to believe, or even certainty that an offense has been or is being committed does not constitute probable cause to arrest a particular individual unless reason also exists to believe that that individual committed the offense. Although “[a] broad gulf exists between what is necessary to prove one guilty and the requirement of probable cause of a war-rantless arrest ... bare suspicion ... is not enough to support a finding of probable cause for a warrantless arrest.””
    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.