Viveros v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A Fourth Amendment seizure occurs when there is a governmental termination of freedom of movement through means intentionally applied. Michigan Dept, of State Police v. Sitz, — U.S. —, —; 110 S.Ct. 2481, 2485 , 110 L.Ed.2d 412 (1990). Stops by roving patrols are considered Fourth Amendment seizures. See e.g., Delaware v. Prouse, 440 U.S. 648, 653 , 99 S.Ct. 1391, 1395 , 59 L.Ed.2d 660 (1979). This stop was an intentional termination of freedom of movement by the State; thus, it was a Fourth Amendment seizure. Our first inquiry is whether the seizure was reasonable. The constitutionality of a seizure for the purposes of investigation is measured by the reasonable suspicion test and not the probable cause standard set forth in the Constitution. Id. at 664 , 99 S.Ct. at 1401 ; Terry v. Ohio, 392 U.S. 1, 21 , 88 S.Ct. 1868, 1879 , 20 L.Ed.2d 889 (1968).”

   1 later decision quote this exact passage
   e.g. Helm v. Commonwealth