11 Cal. 3d 210 - Emslie v. State Bar’s Empirical Analysis
1974
Citation profile
4 federal appellate · 212 state decisions
How this case has been cited
Cited by 228 later decisions — most recently December 2023 · most notably 37 Cal. 3d 873 - People v. Lance W. (1985), 6 Cal. 4th 841 - Gikas v. Zolin (1993)
4 federal appellate · 212 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Miranda v. State of Arizona Vignera · Chambers v. Maroney · In the Matter of John Ruffalo Jr · 62 Cal. 2d 338 - People v. Dorado · 57 Cal. 2d 167 - DiGenova v. State Board of Education
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 228 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In applying the exclusionary rules to attorney disciplinary proceedings we find practically no deterrent effect upon any law enforcement officer who might be tempted to use unconstitutional methods to obtain evidence for use in a criminal trial.... [¶] We find that a balancing test must be applied in such proceedings and consideration must be given to the social consequences of applying the exclusionary rules and to the effect thereof on the integrity of the judicial process. While we hold that the exclusionary rules are not part of administrative due process in State Bar disciplinary proceedings we do not intimate that circumstances could not be presented under which the constitutional demands of due process could not countenance use of evidence obtained by unlawful means in a proceeding conducted by such governmental agency or administrative arm of this court. The application of such rules must be worked out on a case-by-case basis in this and other license revocation proceedings.”
1 later decision quote this exact passage“The exclusionary rules of the criminal law are based upon the principle that the state should not profit by its own wrong in using in criminal proceedings evidence obtained by unconstitutional methods; and upon the premise that by denying any profit to law enforcement officers who may be tempted to use illegal methods to obtain incriminating evidence (i.e., by not allowing the use of such evidence at the trial), the rules will have a deterrent effect. [Citations.]”
1 later decision quote this exact passage“`The State Bar Act is designed to provide a procedure whereby those attorneys at law who prove recreant to their trust may be removed from the ranks of the profession. The public, as well as the legal profession and the courts must be protected from those who do not measure up to their responsibilities.... The purpose of disbarment proceedings is not to punish the individual but to determine whether the attorney should continue in that capacity.'”
1 later decision quote this exact passage
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.