People v. Torres’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A search of a house with the express, free and voluntary consent of a householder suspected of possessing narcotics is neither unreasonable nor unlawful. It follows that contraband found and seized in the course of such a search may lawfully and properly be received in evidence against the accused. (Citing eases.) It is true as pointed out in People V. Michael, supra, that one need not forcibly resist an officer’s assertion of authority to search, but if he freely consents to a search, then neither the search nor the seizure of evidence found in the course thereof is unreasonable. As the court there stated (45 Cal.2d at p. 753), ‘Whether in a particular ease an apparent consent was in fact voluntarily given or was in submission to an express or implied assertion of authority, is a question of fact to be determined in the light of all the circumstances.’ To the same effect are People v. Lujan, 141 Cal.App.2d 143 [ 296 P.2d 93 ], and People v. Gorg, 45 Cal.2d 776 [ 291 P.2d 469 ], Since the question is one of fact primarily for the trial court’s determination, the finding of that court, supported by substantial evidence, is binding upon an appellate court. (Citing cases.) ””

   1 later decision quote this exact passage
   e.g. 167 Cal. App. 2d 773 - People v. Fields