731 So. 2d 319 - State v. Mitchell’s Empirical Analysis

1999

Citation profile

cited by 35 later decisions

states following

July 2013

most recently cited

35 state decisions

How this case has been cited

Cited by 35 later decisions — most recently July 2013 · most notably State v. Oliver (1999), State v. Mims (1999)

35 state decisions

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 · Illinois v. Gates · New York v. Belton · California v. Hodari D. · Horton v. California

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

“An individual cannot be stopped in his vehicle by a police officer, who does not have a warrant, unless the officer has reasonable suspicion that the individual is committing, has committed, or is about to commit a criminal offense, including the violation of a traffic regulation. La.C.Cr.P. art. 215.1; State v. Mock, 95-2156 (La.App. 4 Cir. 5/29/96) , 675 So.2d 819 . See also State v. Kalie, 96-2650 (La.9/19/97), 699 So.2d 879 . See generally Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); State v. Andrishok, 434 So.2d 389 (La. 1983); State v. Smith, 94-1502 (La.App. 4 Cir. 1/19/95) , 649 So.2d 1078 . Reasonable suspicion for an investigatory stop is something less than probable cause. It must be determined under the facts of each case whether the officer had sufficient articulable knowledge of particular facts and circumstances to justify an infringement upon an individual's right to be free from governmental interference. State v. Albert, 553 So.2d 967 (La.App. 4th Cir.1989). The totality of the circumstances must be considered in determining whether reasonable suspicion exists. State v. Belton, 441 So.2d 1195 (La.1983), cert. den. Belton v. Louisiana, 466 U.S. 953 , 104 S.Ct. 2158 , 80 L.Ed.2d 543 (1984); State v. Anderson, 96-0810 (La.App. 4 Cir. 5/21/97) , 696 So.2d 105 . An investigative stop must be justified by some objective manifestation that the person stopped is or is about to be engaged in criminal activity, or else there must be reasonable gr”
1 later decision quote this exact passage
e.g. State v. Oliver
“exception to the Fourth Amendment, (1) there must be a prior justification for the intrusion into a protected area; (2) in the course of which the evidence is inadvertently discovered; and (3) where it is immediately apparent without close inspection that the items are evidence or contraband. State v. Hernandez, 410 So.2d 1381, 1383 (La.1982).”
1 later decision quote this exact passage
e.g. 748 So. 2d 1192 - State v. Martello

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.