162 W. Va. 309 - State v. Williams’s Empirical Analysis
1978
Citation profile
39 state decisions
How this case has been cited
Cited by 42 later decisions (2 by the Supreme Court) — most recently July 2002 · most notably Oregon v. Elstad (1985), 165 W. Va. 741 - State v. Craft (1980)
39 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 · Wong Sun v. United States · Schneckloth v. Bustamonte · Brown v. Illinois · Bumper v. North Carolina
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[W]hether a consent to a search [is] in fact ‘voluntary’ or [is] the product of duress or coercion, express or implied, is a question of fact to be determined from the totality of all the circumstances,” Schneckloth v. Bustamonte, 412 U.S. 218, 227 , 93 S.Ct. 2041, 2047-48 , 36 L.Ed.2d 854, 862-63 (1973) (noncustodial search of automobile), and while knowledge of the constitutional right to refuse consent to search is one factor, such knowledge is not an essential prerequisite which must be proven by the government as “the sine qua non of an effective consent.” Id. at 227 , 93 S.Ct. 2048 , 36 L.Ed.2d 863 ; accord, syl. pt. 2, Basham [State v. Basham], supra [W. Va., 223 S.E.2d 53 (1976)]. “Where the State relies upon consent to justify the lawfulness of a search, it has the burden of proving that the consent was, in fact, freely and voluntarily given. Bumper v. North Carolina, 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968), and in Hacker [State v. Hacker], supra, [W. Va., 209 S.E.2d 569 (1974)] we held in the syllabus that the State must prove by a preponderance of evidence that a warrantless search was legal.””
1 later decision quote this exact passage“there is a presumption that the second and each succeeding confession are the product of the first. The prosecution has the burden of showing by clear and substantial proof that the second and each subsequent confession was made when the mind of the accused was free from the influence which induced the prior confessions. Absent such showing all successive extrajudicial confessions must be excluded. Bunting v. Commonwealth, 208 Va. 309 , 157 S.E.2d 204 (1967); People v. Johnson, 70 Cal.2d 541 , 75 Cal.Rptr. 401 , 450 P.2d 865 , cert. denied, 395 U.S. 969 , 89 S.Ct. 2120 , 23 L.Ed.2d 758 (1969); 7 M.J. Evidence § 228 (1976); 29 Am.Jur.2d Evidence § 537 (1967).”
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.