Peschel v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In circumstances such as these, the police have a special obligation to act diligently to minimize inconvenience to the traveler. This obligation requires the police to use the least intrusive means possible in conducting their investigation. Had the police had probable cause to believe that Peschel’s luggage contained contraband, they would certainly have been entitled to seize his luggage until a warrant could be obtained or until exposure to a drug detection dog could be arranged, regardless of the consequent disruption and inconvenience to Peschel. However, acting on reasonable suspicion alone the police could not properly require Peschel to chose between abandoning his luggage and foregoing his scheduled airline travel unless no less intrusive alternative was reasonably available. The crucial question in this case is thus whether a reasonable, less intrusive alternative was in fact available.”

   2 later decisions quote this exact passage
   e.g. Moore v. State · Beuter v. State

2. “The trial court is vested with broad discretion to determine whether a mistrial should be granted, because that court has the opportunity to hear the tainted evidence as it is presented and to observe the impact it has on the jury. When the court withdraws improper evidence from the jury’s consideration and cautions the jury to disregard it, the cautionary instruction is “presumed to cure any error which may have been committed....””

   1 later decision quote this exact passage
   e.g. McPherson v. State