Smith v. Lott’s Empirical Analysis

Citation profile

2 district · 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * If an officer, on seeing an offense committed, were required to go before a justice of the peace, or other magistrate, and obtain a warrant, or wait for the sun to rise, the offender could in the meantime be without the jurisdiction, or in parts unknown, and the purpose and objective of the statute would be circumvented. “An officer so restrained might as well be at home. Law violators would, during the night time, be permitted to violate the law with impunity. * * * “Such is not a reasonable interpretation of the statute. If a complaint is laid before a magistrate charging a person with a misdemeanor, and the officer is acting pursuant to a warrant, if the arrest is made at night, it should be so directed on the warrant. “This section, Sec. 19-607, I.C., defining, in certain cases, the time that an arrest may be made, has no application to offenses committed in the officer’s presence, which of necessity must be immediately acted on.””

   1 later decision quote this exact passage
   e.g. Sima v. Skaggs Payless Drug Center, Inc.

2. ““If the offense charged * * * is a misdemeanor the arrest can not be made at night, unless upon the direction of the magistrate, indorsed upon the warrant.””

   1 later decision quote this exact passage
   e.g. Sima v. Skaggs Payless Drug Center, Inc.