State v. Winegar’s Empirical Analysis
1985
Citation profile
84 state decisions
How this case has been cited
Cited by 86 later decisions (2 by the Supreme Court) — most recently November 2024 · most notably State v. Superior Court (1986), State v. Fulminante (1989)
84 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 · Terry v. Ohio · Wong Sun v. United States · Florida v. Royer · United States v. Mendenhall
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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““These circumstances surely amount to a show of official authority such that ‘a reasonable person would have believed he was not free to leave.’ ” [Florida v. Royer, 460 U.S. at 501 , 103 S.Ct. at 1326 , quoting Mendenhall, 446 U.S. at 555 , 100 S.Ct. at 1877-78 ]. At this point the defendant was under arrest for purposes of Fourth Amendment analysis.”
2 later decisions quote this exact passage“First, we cannot accept the argument that the movement to City Hall was merely the continuation of a valid Terry stop. A full Terry stop could have been performed on the street in Hagerman. We see no reason why, if a police officer reasonably suspects that there may be a concealed weapon, he cannot perform a weapons frisk of a woman on the spot..... After the pat-down was completed, the detectives could have briefly questioned defendant regarding the Hill murder. Nothing in the record indicates why the Hagerman street was not suitable for these purposes. Terry stops are tolerated as an exception to the probable cause requirement of the Fourth Amendment because they are brief and as narrowly circumscribed as possible. See Dunaway v. New York, supra, 442 U.S. at 212, 99 S.Ct. at 2256. After briefly searching and questioning the defendant on the street, the police either should have arrested her if probable cause had arisen, or, since none did, should have released her.”
1 later decision quote this exact passagee.g. State v. Solano“[a] certain set of facts may constitute an arrest whether or not the officer intended to make an arrest and despite his disclaimer that an arrest occurred.”
1 later decision quote this exact passagee.g. State v. Ault
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.