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← 17 Va. App. 730 - Deer v. Commonwealth

17 Va. App. 730 - Deer v. Commonwealth’s Empirical Analysis

1994

Citation profile

55
cited by 55 later decisions
1
states following
August 2012
most recently cited

55 state decisions

How this case has been cited

Cited by 55 later decisions — most recently August 2012 · most notably 37 Va. App. 421 - Davis v. Commonwealth (2002), 22 Va. App. 100 - Gregory v. Commonwealth (1996)

55 state decisions

340199420002010decided

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 Terry v. Ohio · Wong Sun v. United States · Schneckloth v. Bustamonte · United States v. Cortez · 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The question of whether a particular “consent to a search was in fact voluntary or was 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 (1973). Police need not warn the suspect that he has a right to refuse the search, but the suspect’s knowledge of his right to refuse falls within the totality of the circumstances the Court must consider.”
    2 later decisions quote this exact passage
  2. “[a]s with other factual determinations bearing on search and seizure, determinations of consent to enter must “be judged against an objective standard: would the facts available to the officer at the moment ... warrant a man of reasonable caution in the belief’ that the consenting party had authority over the premises? If not, then warrantless entry without further inquiry is unlawful unless authority actually exists.”
    2 later decisions quote this exact passage
  3. “Courts must apply objective standards in determining whether the requisite degree of suspicion exists, taking into account that “trained law enforcement officers may be ‘able to perceive and articulate meaning in given conduct which would be wholly innocent to the untrained observer.’ ” United States v. Gooding, 695 F.2d 78, 82 (4th Cir.1982). Attention must be focused on objective reasonableness rather than on the police officer’s subjective intent.”
    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.