16 Kan. App. 2d 589 - State v. Ratley’s Empirical Analysis

Citation profile

18 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. ““[T]he consent of one who possesses common authority over premises or effects is valid as against the absent, nonconsenting person with whom that authority is shared. . . . [W]hen the prosecution seeks to justify a warrantless search by proof of voluntary consent, it is not limited to proof that consent was given by the defendant, but may show that permission to search was obtained from a third party who possessed common authority over or other sufficient relationship to the premises or effects sought to be inspected.””

   2 later decisions quote this exact passage
   e.g. 23 Kan. App. 2d 935 - State v. Kriegh · 27 Kan. App. 2d 1022 - State v. Savage

2. ““[I]n Kansas, spousal consent to search cases should be approached on a case-by-case basis using a common authority or sufficient relationship test. As noted in tlie cases discussed here, factors to be considered in determining if common authority or a sufficient relationship exists for a valid consent to search are (1) the non-occupying spouse’s retention of a key to the premises, (2) the non-occupying spouse’s access to the property, (3) changed locks, (4) the length of time the non-occupying spouse is away from the premises, (5) whether the non-occupying spouse left personal property on the premises, and (6) the reason for the non-occupying spouse’s departure.” 16 Kan. App. 2d at 594 .”

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

3. “[Rjecent authority clearly indicates that the consent of one who possesses common authority over premises or effects is valid as against the absent, noncon-senting person with whom that authority is shared.”

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