70 Or. App. 675 - State v. Smith’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * Initially, there was no evidence that a crime had been committed and they had no reason to arrest him. Defendant argues that he was in custody from the time that the deputies held him and took him back to their car. However, the totality of the circumstances do [ sic ] not support his conclusion. * * * Once it was established that defendant owned the disabled vehicle, it was reasonable to expect that he would be asked some questions. * * * If defendant had not been arrested, any restraint would have been temporary. The investigation took place in public. This was not the type of oppressive setting to which Miranda is directed. See Berkemer v. McCarty, supra . We find no violation of defendant's federal constitutional rights." 70 Or. App. 679 -80, 691 P.2d 484 .”

   1 later decision quote this exact passage
   e.g. 75 Or. App. 746 - State v. Wandle

2. “"* * * Had defendant not been arrested, any restraint would have been temporary. A motorist questioned at an accident scene, especially when there is no serious injury, reasonably expects that he will have to answer some questions and have his license and registration checked and that shortly he or the officer will depart. Like the traffic stop discussed in McCarty, the accident investigation took place in public and involved an encounter with only one officer." 69 Or. App. at 363-64 , 685 P.2d 480 . (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. 75 Or. App. 746 - State v. Wandle