DARDEN

v.

CALIFORNIA

Citator

Cited By

• State v. Jones, 483 So. 2d 433 (Fla. 1986)
  …violate Prouse regardless of other factors); McLaughlin, 471 N.E. 2d at 1139 (level of discretion left to officers executing seizures can be a factor of overriding importance); Kinslow v. Commonwealth, 660 S.W. 2d 677 (Ky.Ct.App.1983), cert. denied, 465 U.S. 1105, 104 S.Ct. 1606, 80 L.Ed. 2d 136 (1984) (key factor is that all vehicles were stopped, thereby limiting discretion of officers). Courts requiring such a neutral plan do so out of a fear that unbridled discretion in the field invites abuse. We agr…

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• United States v. Dwyer, 843 F.2d 60 (1st Cir. 1988)
  …the court had a purpose in stating the obvious even though it followed it up with the necessary safeguard, namely, a purpose unfavorable to the defendant. To quote from our opinion in Lannon v. Hogan, 719 F. 2d 518, 524 (1st Cir.1983), cert. denied, 465 U.S. 1105, 104 S.Ct. 1606, 80 L.Ed.2d 136 (1984), an isolated instruction that may “imply denigration or disbelief of a defendant’s testimony,” is best avoided even though the implication may be counteracted when the charge is viewed as a whole. A charge cont…