968 So. 2d 543 - State v. Montgomery’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘“Probable cause to support a war-rantless arrest must exist at the time of the arrest. Davis v. State, 507 So.2d 1023 (Ala.Cr.App.1986). Probable cause exists if facts and circumstances known to the arresting officer are sufficient to warrant a person of reasonable caution to believe that the suspect has committed a crime. United States v. Rollins, 699 F.2d 530 (11th Cir.) cert. denied, 464 U.S. 933 , 104 S.Ct. 335 , 78 L.Ed.2d 305 (1983). “Probable cause to arrest is measured against an objective standard and, if the standard is met, it is unnecessary that the officer subjectively believe that he has a basis for the arrest.” Cox v. State, 489 So.2d 612 (Ala.Cr.App.1985). The officer need not have enough evidence or information to support a conviction in order to have probable cause for arrest. Only a probability, not a prima facie showing, of criminal activity is the standard of probable cause. Stone v. State, 501 So.2d 562 (Ala.Cr.App.1986). “Dixon v. State, 588 So.2d 903, 906 (Ala.1991).””

   2 later decisions quote this exact passage
   e.g. T.L.S. v. State · 111 So. 3d 747 - Richard Tolbert v. State of Alabama.

2. ““ ‘The probable cause standard does not require an arresting officer to rule out all other possible suspects before he or she detains a particular individual. See State v. Johnson, 682 So.2d 385, 391 (Ala.1996) (Maddox, J., concurring specially); see also Darden v. State, 571 So.2d 1272, 1279-80 (Ala.Cr.App.1990), quoting 1 W. LaFave, Search and Seizure § 3.2(e) at 591-92 n. 148 (2d ed. 1987) (“ ‘If the function of arrest were merely to produce persons in court for purposes of their prosecution, then a more-probable-than-not-test would have considerable appeal. But there is also an investigative function which is served by the making of arrests.’ ” (Footnote omitted.)).’ ””

   1 later decision quote this exact passage · from the concurrence
   e.g. 111 So. 3d 747 - Richard Tolbert v. State of Alabama.