967 So. 2d 458 - State v. Boyer’s Empirical Analysis

Citation profile

38 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Minnesota v. Dickerson, 508 U.S. 366, 371 , 113 S.Ct. 2130, 2134 , 124 L.Ed.2d 334 (1993), the Supreme Court addressed whether nonthreatening contraband detected through the sense of touch during a Terry patdown may be admitted into evidence. Analogizing to the “plain view” doctrine, which provides that if police are lawfully in a position to view an object and its incriminating character is immediately apparent they may seize it without a warrant, see, Horton v. California, 496 U.S. 128, 136-37 , 110 S.Ct. 2301, 2307-08 , 110 L.Ed.2d 112 (1990), the Dickerson Court held if a police officer lawfully pats down a suspect’s outer clothing and feels an object whose contour or mass makes its identity immediately apparent, there has been no invasion of the suspect’s privacy beyond that already authorized by the officer’s search for weapons; its warrant-less seizure is justified by the same practical considerations that inhere in the plain-view context. Dickerson, 508 U.S. at 375-76 , 113 S.Ct. at 2136-37 .”

   3 later decisions quote this exact passage · from the dissent
   e.g. 133 So. 3d 304 - State v. Candebat · 77 So. 3d 445 - State v. Simpson

2. “We find that a suspect’s hand in his pocket, under the circumstances a presented, supports a reasonable belief the suspect might have a weapon and Officer Guillot’s experience and training that searches of drugs often correlate with weapons provide a reasonable and objective basis to frisk this defendant.”

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