133 Or. App. 467 - State v. Davis’s Empirical Analysis

Citation profile

16 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[o]ther than the pressure on defendant not to violate the terms of his probation, there was nothing coercive about the circumstances”

   2 later decisions quote this exact passage
   e.g. 240 Or. App. 175 - State v. Hiner · 164 Or. App. 90 - State v. Guzman

2. “does not constitute a self-executing, prospective consent by the probationer to a general warrantless search. Rather, it represents an agreement by the probationer to submit to reasonable searches by the probation officer. ... If the probationer refuses to submit to such a search, then the officer has no authority, under the terms of the search condition, to conduct a warrantless search. This refusal may, however, violate the terms of the probation and could provide grounds for revocation of the probation.”

   1 later decision quote this exact passage
   e.g. Joubert v. State

3. ““Because the search condition does not constitute a waiver of the probationer’s Article I, section 9, rights, the probationer is entitled to refuse to allow the search, and must be given a reasonable opportunity to do so. This is so even if the language of the condition does not specifically require that the probationer be asked to submit to a search.” Id. at 474 (emphasis in original).”

   1 later decision quote this exact passage
   e.g. 164 Or. App. 90 - State v. Guzman