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← 693 N.E.2d 573 - State v. Joe

State v. Joe’s Empirical Analysis

1998

Citation profile

12
cited by 12 later decisions
1
states following
February 2019
most recently cited

12 state decisions

How this case has been cited

Cited by 12 later decisions — most recently February 2019

12 state decisions

60199820002010decided

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 Terry v. Ohio · Joseph v. United States · Grynberg v. Danzig · 167 Ind. App. 185 - Collett v. State · Lance v. State

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

  1. “"Once a vehicle has been properly stopped for investigative purposes, an officer may conduct a search of the automobile’s interi- or for weapons without first obtaining a search warrant if the officer reasonably believes that he or others may be in danger. Gann v. State, 521 N.E.2d 330, 333 (Ind. 1988); Walker v. State, 527 N.E.2d 706, 708 (Ind.1988), cert. denied, 493 U.S. 856 , 110 S.Ct. 161 , 107 L.Ed.2d 118 ; Jackson v. State, 588 N.E.2d 588, 590 (Ind.Ct.App.1992); Castle v. State, 476 N.E.2d 522, 524 (Ind.Ct.App.1985). The test for determining the reasonableness of an initial stop and a subsequent limited search for weapons as enunciated in Terry, 392 U.S. at 21-22 , 88 S.Ct. at 1879-81 , is whether the facts available to the officer at the moment of the seizure or the search would warrant a person of reasonable caution in believing that the action taken was appropriate. Collett v. State, 167 Ind.App. 185 , 338 N.E.2d 286, 290 (1975). The purpose of a limited search for weapons after an investigative stop is not to discover evidence of a crime, but to allow the officer to pursue his investigation without fear for his safety or the safety of others. Id., 338 N.E.2d at 291 . An officer may only conduct a limited search for weapons when he has a reasonable belief that the suspect is armed and dangerous. Id. at 290-91 . The police officer need not be absolutely certain that the individual is armed. Id. The issue is whether a reasonably prudent person in the same circumstance”
    4 later decisions quote this exact passage
  2. “put his hands where they could be seen. . only after the police officer had made repeated demands and had drawn his gun. The police officer testified that [defendant's] actions had frightened him.”
    1 later decision quote this exact passage
  3. “The State bears the burden of proving that the warrantless seizure fell within an exception to the warrant requirement.”
    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.