State v. Poland’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The critical aspect of that inquiry turns upon whether a reasonable person would feel free to decline the requests or otherwise terminate the encounter with the law enforcement personnel. Put another way, taking into account all the surrounding circumstances, the court must determine whether the police conduct would have communicated to a reasonable person that he was not at liberty to disregard the officers and go about his business. Although most citizens will respond to a police, solicitation, and do so without being told they are free to decline, that fact hardly eliminates the consensual nature of the response. Furthermore, a defendant's subjective belief is irrelevant; the encounter should be judged from the viewpoint of a reasonable, innocent person. * * * The determination of voluntariness depends upon the overall facts and circumstance of the particular case. On appellate review of such an issue, the trial judge's factual determination is entitled to great weight. (Citations omitted.)”

   1 later decision quote this exact passage
   e.g. 736 So. 2d 951 - State v. Shaw