Smith v. State’s Empirical Analysis
1987
Citation profile
20 state decisions
How this case has been cited
Cited by 22 later decisions — most recently April 2017
20 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 · Coolidge v. New Hampshire · United States v. Brignoni-Ponce · Sedillo v. United States · Johnson v. State
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We have carefully examined ... the Code of Criminal Procedure ... but do not find there in where any of the listed statutory exceptions might be applied to this case. [Smith] was never shown to have been committing a felony, a misdemeanor, or an offense against the public peace in the presence or within the view of [the officer]. There is no evidence that might reflect or indicate that when [the officer] first saw him [Smith] was located in a suspicious place and under circumstances which might have reasonably shown that he was guilty of some felony or breach of the peace, or was threatening or was about to commit some criminal offense. * * * * * * Given the facts of this case, the information that [the officer] had when he first came into contact with [Smith] was, for purposes of establishing probable cause to arrest, no better than if the females had made an anonymous telephone call to him and told him that there had been a fight inside the club and that appellant had a gun.”
1 later decision quote this exact passagee.g. Banda v. State“It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful ... form of conduct occurring solely for the purpose of ... wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law.”
1 later decision quote this exact passage“does not occur unless and until an individual flees from a peace officer who at that moment in time is attempting to arrest him.”
1 later decision quote this exact passagee.g. State v. Long
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.