894 So. 2d 1055 - State v. Gilbert’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When an occupant of a vehicle is arrested, the police may search the vehicle. See New York v. Belton, 453 U.S. 454 , 69 L. Ed. 2d 768 , 101 S. Ct. 2860 (1981). The authority for a vehicle search incident to an arrest does not depend on a reasonable suspicion of criminal activity or probable cause. It is instead a bright-line- rule arising from the very fact of the arrest itself, regardless of whether the officers had a reasonable suspicion of criminal activity. [Citations omitted.] This rule is based on the need to remove any weapons and to preserve any evidence that might be in the vehicle. See Belton, 453 U.S. at 461-62 ; Chimel v. California, 395 U.S. 752, 763 , 89 S. Ct. 2034 , 23 L. Ed. 2d 685 (1969).” Gilbert, 894 So. 2d at 1056-57 .”

   1 later decision quote this exact passage
   e.g. 38 Kan. App. 2d 706 - State v. Henning