Gajewski v. State’s Empirical Analysis

Citation profile

19 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]here is no requirement that a particular statute is violated in order to give rise to reasonable suspicion. Although not an inherently illegal act, when the officer observed appellant’s car weaving between traffic lanes, reasonable suspicion existed to believe appellant was driving the motor vehicle while intoxicated, or that some activity out of the ordinary is or has occurred, so as to justify the temporary stop of defendant’s car.”

   3 later decisions quote this exact passage
   e.g. Erick Lionel Miller v. State · 213 F. Supp. 2d 722 - United States v. Ramirez

2. “In this case, [Gajewski] argues that because there were no other vehicles in his immediate vicinity when he changed lanes, he did not violate section 545.060. We decline to interpret section 545.060 so as to permit a driver to weave throughout all lanes of traffic so long as no other vehicles are in the immediate vicinity. The street upon which [Gajewski] was traveling is a public two lane roadway. The fact that no other cars were around [Gajewski] at the time he was weaving may be a defense to a traffic citation. However, it does not negate a stop based on reasonable suspicion that the driver of the motor vehicle has lost control of his mental and physical faculties by the ingesting of alcohol and/or drugs.... By weaving across the center line three different times, in addition to weaving across and into another lane, [Gajewski] aroused the suspicion of the arresting officer.”

   2 later decisions quote this exact passage
   e.g. Cook v. State · Hernandez v. State