State v. Porche’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Inherent in the right of the police to conduct a brief investigatory detention is also the right to use reasonable force to effectuate the .detention. [Muehler u] Mena, 544 U.S. [93] at 99, 125 S.Ct. [1465] at 1470, 161 L.Ed.2d 299 (“ ‘Fourth Amendment jurisprudence has long recognized that the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it.’ ”) (quoting Graham v. Connor, 490 U.S. 386, 396 , 109 S.Ct. 1865, 1871-72 , 104 L.Ed.2d 443 (1989)); United States v. Perdue, 8 F.3d 1455, 1462 (10th Cir.l993)(“Since police 19officers should not be required to take unnecessary risks in performing their duties, they are ‘authorized to take such steps as [are] reasonably necessary to protect their personal safety and to maintain the status quo during the course of [a Terry] stop.’ ”) (quoting United States v. Hensley, 469 U.S. 221, 235 , 105 S.Ct. 675, 683-84 , 83 L.Ed.2d 604 (1985)). Nevertheless, the use of handcuffs incrementally increases the degree of force used in detaining an individual. Mena, 544 U.S. at 99 , 125 S.Ct. at 1470 (“The imposition of correctly applied handcuffs on Mena, who was already being lawfully detained during a search of the house, was undoubtedly a separate intrusion in addition to detention in the converted garage.”); State v. Broussard, 00-3230, p. 4 (La.5/24/02), 816 So.2d 1284, 1287 (“ ‘There is no question that the use of handcuffs, being one of the”

   5 later decisions quote this exact passage · from the majority
   e.g. 2 So. 3d 492 - State v. Lazard · State v. Thompson

2. “Despite some concerns about the objective reasonableness of the police conduct, given the brevity of respondent’s detention in handcuffs before he was lawfully arrested, and the changing nature of the police investigation which had begun to focus on a possible link of respondent and Young to narcotics trafficking, and giving due deference to the decisions made in the field by police officers under the press of “tense, uncertain, and rapidly evolving” circumstances, Graham [v. Connor, 490 U.S. 386 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989)], 490 U.S. at 397, 109 S.Ct. at 1872, we cannot say that Lieutenant Hoefeld’s conduct in securing relator’s hands to minimize any risk entailed by entering his apartment for his identification escalated the Terry stop into a de facto arrest unsupported by probable cause.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 59 So. 3d 441 - State v. Welch

3. “in order to determine his identity or maintain the status quo momentarily while obtaining more information,”

   1 later decision quote this exact passage · from the majority
   e.g. 967 So. 2d 458 - State v. Boyer