State v. Binion’s Empirical Analysis

Citation profile

1 district · 12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A police officer may make an investigatory stop of a motor vehicle when the officer has a reasonable suspicion, supported by specific and articulable facts, that a criminal offense has been or is about to be committed. In determining whether a police officer’s reasonable suspicion is supported by specific and articulable facts, a court must consider the totality of the circumstances. This includes, but is not limited to, objective observations, information obtained from other police officers or agencies, information obtained from citizens, and the pattern of operation of certain offenders. A court must also consider the rational inferences and deductions that a trained police officer may draw from the facts and circumstances known to him.”

   2 later decisions quote this exact passage
   e.g. State v. Lawson · State v. Heapy

2. “Whether reasonable suspicion exists must be determined from the totality of circumstances on a case by ease basis. Among the factors to be considered is whether objective evidence indicates that the motorist was attempting to evade arrest or detection. Such evidence may include the distance the motorist was from the roadblock when the turn-off or U-turn was made, whether the motorist was able to see the roadblock before the motorist took evasive action, and the manner in which the motorist operates his or her automobile in making the evasive action. Other factors to be considered are the arresting officer’s experience and any other circumstances which would indicate the driver was intentionally avoiding the roadblock to evade arrest or detection.”

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

3. “(citing Michigan State Police v Sitz, 496 U.S. 444 , 110 S.Ct. 2481 , 110 L.Ed.2d 412 (1990) (emphasis added))); Binion, 900 S.W.2d at 705 (recognizing that “[a] precondition to the constitutional acceptability of a seizure made as a result of a roadblock is ‘that the seizure must be carried out pursuant to a plan embodying explicit, neutral limitations on the conduct of individualized officers[,]’”

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