930 So. 2d 1028 - State v. Clay’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under certain circumstances, an informant's tip can provide reasonable suspicion to detain and question a person.”

   2 later decisions quote this exact passage · from the majority
   e.g. 86 So. 3d 86 - State v. Charpentier · 971 So. 2d 1219 - State v. Anthony

2. “The Fourth Amendment to the United States Constitution and Article I, § 5 of the Louisiana Constitution protect individuals from unreasonable searches and seizures. But the right of law enforeement | r,officers to stop and interrogate those reasonably suspected of criminal conduct is recognized by LSA-C.Cr.P. art. 215.1 and by state and federal jurisprudence. Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); State v. Belton, 441 So.2d 1195 (La.1983), cert. denied, 466 U.S. 953 , 104 S.Ct. 2158 , 80 L.Ed.2d 543 (1984). Although Article 215.1 permits an officer to stop a citizen in a public place and question him, such an investigatory stop must be based upon reasonable suspicion that the individual has committed, or is about to commit, a criminal offense. State v. Temple, 02-1895, p. 4 (La.9/9/03), 854 So.2d 856, 860 ; State v. Collins, 04-751, p. 3 (La.App. 5 Cir. 11/30/04), 890 So.2d 616, 618 . The detaining officer “ ‘must have a particularized and objective basis for suspecting the particular person stopped of criminal activity....’” State v. Collins, supra, quoting United States v. Cortez, 449 U.S. 411, 417-418 , 101 S.Ct. 690, 695 , 66 L.Ed.2d 621 (1981). Moreover, the officer must be able to articulate specific facts upon which his suspicion is based. State v. Becnel, 04-1266 (La.App. 5 Cir. 5/31/05) , 904 So.2d 838, 852 . In determining whether an investigatory stop was justified by reasonable suspicion, a reviewing court must consider the totality of ”

   1 later decision quote this exact passage
   e.g. 86 So. 3d 86 - State v. Charpentier