884 So. 2d 1121 - Cunningham v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Flight on foot is distinctly different than flight in a car. When "headlong flight" occurs on foot, the defendant's intent to elude an officer may be clear, even though no law is [known to be] broken. When "flight" occurs in a vehicle, the vehicle often conceals the emotions of its occupants and it is more difficult to determine that such a defendant is demonstrating "nervous, evasive behavior," or is intending to engage in "headlong" flight. Wardlow, 528 U.S. at 124 , 120 S.Ct. 673 , 145 L.Ed.2d 570 . A car that obeys all traffic regulations when leaving a location when a police car arrives would seem to be the motor vehicle equivalent of a person who simply walks away from an officer on foot. Such a pedestrian does not invoke the rule of Wardlow. See, e.g., Lee v. State, 868 So.2d 577 (Fla. 4th DCA 2004) (refusing to apply Wardlow to justify a stop when defendant was part of a crowd that merely "dispersed" upon approach of law enforcement and defendant was simply walking quickly).”

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

2. “flight. Wardlow, 528 U.S. at 124 , 120 S.Ct. 673 , 145 L.Ed.2d 570 . A car that obeys all traffic regulations when leaving a location when a police car arrives would seem to be the motor vehicle equivalent of a person who simply walks away from an officer on foot. Such a pedestrian does not invoke the rule of Wardlow. See, e.g., Lee v. State, 868 So.2d 577 (Fla. 4th DCA 2004) (refusing to apply Wardlow to justify a stop when defendant was part of a crowd that merely”

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

3. “There was no evidence that [the defendant] or the driver actually observed the police before the car left the area, which in [the court's] view [was] a critical factor.”

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