Brooks v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• applying objective standard, “[a]s the police lacked probable cause or articulable suspicion such as would have authorized the seizure, defendant was entitled to resist the unlawful arrest”
• attempted arrest unauthorized because facts and circumstances within knowledge of officers not sufficient to warrant prudent man to believe defendant had committed offense
• defendant was authorized to resist unlawful arrest; thus, conviction for obstruction based on act of pushing officer required reversal for insufficient evidence
• circumstantial evidence of cocaine hidden in cactus bush by third party insufficient to support conviction for possession with intent to distribute
• if police lack probable cause or articulable suspicion to authorize a seizure of 14 an individual, the individual is entitled to resist the unlawful seizure
• circumstances insufficient to show that defendant had constructive possession of contraband found in cactus bush near where defendant was standing, even though defendant was dressed in manner common to street drug dealers

Source: CourtListener parenthetical corpus (CC0).

Cited by

34 cases in this archive cite this case; the 20 most cited are listed.

• Miller v. State
  Supreme Court of Georgia· 2010-11-22· cited 116×
• EWUMI v. State
  Court of Appeals of Georgia· 2012-04-18· cited 49×
• Sidner v. State
  Court of Appeals of Georgia· 2010-06-09· cited 42×
• Gainor v. Douglas County, Georgia
  N.D. Georgia· 1998-09-30· cited 29×
• Paden v. State
  Court of Appeals of Georgia· 1995-02-01· cited 27×
• Morrison v. State
  Court of Appeals of Georgia· 1996-02-09· cited 24×
• Woodward v. State
  Court of Appeals of Georgia· 1995-12-05· cited 21×
• Duke v. State
  Court of Appeals of Georgia· 2002-09-11· cited 21×
• Brown v. State
  Court of Appeals of Georgia· 1999-09-16· cited 17×
• State v. COPELAND (Three Cases)
  Supreme Court of Georgia· 2020-11-02· cited 17×
• State v. Newton
  Court of Appeals of Georgia· 1997-07-16· cited 16×
• Alex v. State
  Court of Appeals of Georgia· 1996-03-15· cited 14×
• Krull v. State
  Court of Appeals of Georgia· 1993-11-19· cited 14×
• Shockley v. State
  Supreme Court of Georgia· 2015-09-14· cited 14×
• Yglesia v. State
  Court of Appeals of Georgia· 2007-11-02· cited 13×
• Montford v. State
  Court of Appeals of Georgia· 2002-03-27· cited 10×
• Dennis v. State
  Court of Appeals of Georgia· 1996-03-01· cited 10×
• State v. Lavell
  Court of Appeals of Georgia· 1994-08-26· cited 9×
• Meadows v. State
  Court of Appeals of Georgia· 2010-03-23· cited 8×
• Copeland v. State
  Court of Appeals of Georgia· 1994-04-18· cited 7×

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

• Jackson v. Virginia
  Supreme Court· 1979-10-01· cited 79,490×
• Terry v. Ohio
  Supreme Court· 1968-06-10· cited 37,942×
• Brisbane v. State
  Supreme Court of Georgia· 1974-12-03· cited 93×
• Allen v. State
  Court of Appeals of Georgia· 1989-05-22· cited 37×
• Reese v. State
  Court of Appeals of Georgia· 1978-03-09· cited 35×
• Walton v. State
  Court of Appeals of Georgia· 1990-02-13· cited 27×
• Smith v. State
  Court of Appeals of Georgia· 1937-09-09· cited 27×
• Shropshire v. State
  Court of Appeals of Georgia· 1991-10-07· cited 26×
• Ridgeway v. State
  Court of Appeals of Georgia· 1988-06-02· cited 23×
• Muckle v. State
  Court of Appeals of Georgia· 1983-03-08· cited 21×
• Smith v. State
  Court of Appeals of Georgia· 1983-01-19· cited 19×
• Dixon v. State
  Court of Appeals of Georgia· 1980-06-11· cited 15×
• Lee v. State
  Court of Appeals of Georgia· 1991-11-01· cited 15×
• Whitener v. State
  Court of Appeals of Georgia· 1991-09-12· cited 14×
• Kreager v. State
  Court of Appeals of Georgia· 1978-11-14· cited 13×
• Cornish v. State
  Court of Appeals of Georgia· 1988-05-13· cited 13×
• Hubbard v. State
  Court of Appeals of Georgia· 1985-10-30· cited 12×
• State v. McKenna
  Court of Appeals of Georgia· 1991-03-19· cited 11×
• State v. Crapse
  Court of Appeals of Georgia· 1984-11-30· cited 10×
• State v. Cook
  Court of Appeals of Georgia· 1984-09-27· cited 10×