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← 110 Or. App. 544 - State v. Rodriguez

110 Or. App. 544 - State v. Rodriguez’s Empirical Analysis

1992

Citation profile

10
cited by 10 later decisions
2
states following
August 2011
most recently cited

10 state decisions

Relationships

Applies 8 U.S.C. § 1251 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

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. “[f]or the purpose of state prosecutions in state court, an arrest warrant is invalid if it is not supported by oath or affirmation.”
    2 later decisions quote this exact passage
  2. “[f]or the purpose of prosecuting state offenses in state courts, the validity of an arrest is measured by state standards.”
    2 later decisions quote this exact passage
  3. “Q [DISTRICT ATTORNEY:] What happened when you got there? "A [AGENT:] Well, we arrived there and I knocked on the door and [defendant] appeared at the window and opened the door up. I showed him my credentials, speaking Spanish identified myself as an immigration officer, I showed him a copy of the warrant, and told him that I had a warrant for his arrest and that he was under arrest. "Q Was that still through the window? "A No, he had opened the door. It was in the doorway. "Q Okay. And what did you ask him at that point? Did you read him his Miranda rights? "A Yes. Yeah, the door was open, as I say. We were more or less—I was by myself. The rest of the unit wasn't there, they were off to the side. And as I told him—identified myself and showed him a copy of the warrant and so forth, and my badge, he said, `Okay.' He submitted peacefully to the arrest. He says, `Okay,' and he stepped back in which was an indication to me to step in and I was going to do what I had to for him to be arrested. "And I stepped in and I read him Miranda rights from DEA form 13A in Spanish. I read his rights. He said he understood them. "And then I asked him, `Do you have any drugs or guns in the house?' And he said, `No, go ahead and look.' And I said, `Can we search?' You know, `Want to consent to search,' and so forth. And he said, `Yes, go ahead.' "And then the other team members came in and we searched the apartment.”
    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.