90 N.C. App. 204 - State v. Braxton’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[An] exception to the rule against warrantless searches was approved in Terry v. Ohio, 392 U.S. 1 , 20 L.Ed.2d 889 , 88 S.Ct. 1868 (1968). This so-called “stop and frisk” rule allows an officer investigating suspicious behavior by an individual at close range to determine whether the suspicious person is armed and to neutralize any threat if the officer has a reasonable belief that the suspect is armed or presently dangerous. This “stop and frisk” exception to unreasonable search and seizure has been extended to automobiles. Michigan v. Long, 463 U.S. 1032 , 77 L.Ed.2d 1201 , 103 S.Ct. 3469 (1983). In Long , the Court acknowledged that investigative detention of persons in automobiles presents a danger to police officers. The Court then held that those areas of a passenger compartment of a motor vehicle where weapons might be hidden may be searched if the facts, coupled with rational inferences drawn therefrom, reasonably warrant an officer’s belief that a suspect is dangerous and may gain control of weapons.”

   1 later decision quote this exact passage
   e.g. 103 N.C. App. 38 - State v. Green

2. “An incident search cannot precede an actual arrest and serve as part of its justification.”

   1 later decision quote this exact passage
   e.g. 186 N.C. App. 681 - State v. Sparks