947 So. 2d 95 - State v. Smith’s Empirical Analysis
2006
Citation profile
5
cited by 5 later decisions
1
states following
February 2015
most recently cited
5 state decisions
Relationships
Relies on Terry v. Ohio · California v. Hodari D. · State v. Oliveaux · Nebraska v. Wyoming · State v. Weiland
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An arrest occurs when the circumstances indicate intent to affect an extended restraint on the liberty of the accused, rather than at the precise time an officer tells an accused he is under arrest. State v. Gibson, 97-1203 (La.App. 5 Cir. 3/25/98) , 708 So.2d 1276 . A seizure is an arrest, rather than an investigatory stop, when a reasonable person in the defendant’s position would have understood the situation to be a restraint on freedom of movement of the degree that the law associates with a formal arrest. State v. Cojoe, 01-2465 (La.10/25/02), 828 So.2d 1101 , citation omitted. However, the use of actual restraint does not, alone, transform a street encounter between the police and a citizen into an arrest because an investigatory stop necessarily “involves an element of force or duress, temporary restraint of a person’s freedom to walk away.” State v. Broussard, 00-3230 (La.5/24/02), 816 So.2d 1284, 1286 , per curiam, (citation omitted). In State v. Cojoe, supra, the Louisiana Supreme Court explained that there is no specific test to determine whether an encounter is an arrest or investigatory stop: Although a seizure occurs for Fourth Amendment purposes either when an individual has been subjected to II «physical restraint or when he submits to the assertion of official authority, California v. Hodari D., 499 U.S. 621, 626 , 111 S.Ct. 1547, 1551 , 113 L.Ed.2d 690 (1991), no bright-line rule exists for distinguishing between investigatory stops, characterized by brief ”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.