State v. Jenkins’s Empirical Analysis

Citation profile

3 federal appellate · 32 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A custodial arrest gives rise to the authority to search, even if the arresting officer does not “indicate any subjective fear of the [defendant] or ... suspect that [the defendant] was armed.” “The justification or reason for the authority to search incident to a lawful arrest rests quite as much on the need to disarm the suspect in order to take him into custody as it does on the need to preserve evidence on his person for later use at trial.... It is the fact of the lawful arrest which establishes the authority to search, and ... in the case of a lawful custodial arrest a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also a reasonable search under that amendment.” (Citations omitted; emphasis added; internal quotation marks omitted). It was, therefore, of no moment that Brody was searching for weapons or contraband. In this case, the manner in which the officers conducted the strip search struck the appropriate balance between “the need for the particular search” and “the invasion of personal rights...The officers took the defendant to the side of the restaurant, away from the street and out of public view. [The officer] did not require him to remove any of his clothing, but rather pulled his pants and underwear away from his body specifically to retrieve the glassine packets he discovered and suspected were there from the patdoum of the defendant.”

   2 later decisions quote this exact passage
   e.g. Paulino v. State · 924 So. 2d 20 - Jenkins v. State

2. “(1) As used in this section, the term "strip search" means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual or manual inspection of the genitals; buttocks; anus; breasts, in the case of a female; or undergarments of such person. (2) No person arrested for a traffic, regulatory, or misdemeanor offense, except in a case which is violent in nature, which involves a weapon, or which involves a controlled substance, shall be strip searched unless: (a) There is probable cause to believe that the individual is concealing a weapon, a controlled substance, or stolen property; or (b) A judge at first appearance has found that the person arrested cannot be released either on recognizance or bond and therefore shall be incarcerated in the county jail. (3) Each strip search shall be performed by a person of the same gender as the arrested person and on premises where the search cannot be observed by persons not physically conducting or observing the search pursuant to this section. Any observer shall be of the same gender as the arrested person. (4) Any body cavity search must be performed under sanitary conditions. (5) No law enforcement officer shall order a strip search within the agency or facility without obtaining the written authorization of the supervising officer on duty. (6) Nothing in this section shall be construed as limiting any statutory or common-law right of any person for purposes of any civil action or injunctive re”

   1 later decision quote this exact passage
   e.g. 924 So. 2d 20 - Jenkins v. State

3. “pulled his pants and underwear away from his body specifically to retrieve the glassine packets [the officer] discovered and suspected were there from the patdown of the defendant”

   1 later decision quote this exact passage
   e.g. 924 So. 2d 20 - Jenkins v. State