728 So. 2d 1 - State v. Lewis’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[E]ven after a lawful stop, a police officer is not always justified in frisking a suspect for weapons. See State v. Hunter, 375 So.2d 99 (La.1979). A weapons frisk is justified under circumstances where a "reasonably prudent man ... would be warranted in the belief that his safety or that of others was in danger." Terry, 392 U.S. at 27 , 88 S.Ct. at 1883 (1968). It is sufficient that an officer establish a "substantial possibility" of danger by pointing to particular facts which support such a reasonable inference. State v. Bolden, 380 So.2d 40, 42 (La.1980), cert. denied, 449 U.S. 856 , 101 S.Ct. 153 , 66 L.Ed.2d 70 (1980). La.Code Crim.P. art. 215.1(B) provides statutory authority for an officer conducting an investigatory stop to conduct a pat down search of the outer clothing for dangerous weapons and, as the courts have noted, in many situations the circumstances that justify the investigatory stop also warrant the frisk. State v. Mingo, 93-827 (La.App. 1 Cir. 6/24/94) , 638 So.2d 1209 .”

   1 later decision quote this exact passage
   e.g. 852 So. 2d 463 - State v. Malveaux

2. “The trial court erred in denying the motion to suppress because the seizure of marijuana was the fruit of a traffic stop effected without probable cause, in violation of the Fourth Amendment to the United States Constitution and Article I, § 5 of the Louisiana Constitution. The trial court erred in denying the motion to suppress because the marijuana was discovered as a result of an illegal search of the interior of the vehicle conducted without probable cause, in violation of the Fourth Amendment to the United States Constitution and Article I, § 5 of the Louisiana Constitution. The trial court erred in denying the motion to suppress because the marijuana was discovered as a result of an illegally prolonged detention conducted without reasonable suspicion or probable cause, in violation of the Fourth Amendment to the United States Constitution and Article I, § 5 of the Louisiana Constitution.”

   1 later decision quote this exact passage
   e.g. 980 So. 2d 251 - State v. Lewis

3. “An illegal detention of a person is considered an unreasonable seizure. It is well settled that a seizure and search conducted without a warrant issued upon probable cause is per se unreasonable unless the warrantless seizure and search can be justified by one of the narrowly drawn exceptions to the warrant requirement.”

   1 later decision quote this exact passage
   e.g. 883 So. 2d 1107 - State v. Frank