173 Ga. App. 9 - Atkins v. State’s Empirical Analysis

Citation profile

2 federal appellate · 19 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In cases where the person consenting to the search has not attained the age of eighteen, the courts have measured the minor’s control over the area searched by examining whether the minor lived on the premises; whether the minor had a right of access to the premises and the right to invite others thereto; whether the minor was of an age at which he or she could be expected to exercise at least minimal discretion; and whether officers acted reasonably in believing that the minor had sufficient control over the premises to give a valid consent to search.... “After reviewing the case law on the subject, we are unwilling to adopt appellant’s suggestion that a minor is, as a matter of law, incapable of giving a valid consent to search. Instead, we chose to adopt a more studied approach to the issue and examine as suggested by the Supreme Court in [United States v.] Matlock, [ 415 U.S. 164 (1974) ], the minor’s relationship to the premises or effect sought to be inspected. In so doing, we will scrutinize closely the indicia of authority used by several of our sister states: the minor’s age, address, right of access and right of invitation.””

   4 later decisions quote this exact passage
   e.g. 202 Ga. App. 629 - Davis v. State · 200 Ga. App. 372 - Rajappa v. State

2. “even the officer’s initially unauthorized presence [in the curtilage] does not require suppression of the items discovered, because ‘the consent given . . .is not only a consent to future searches and seizures, but it amounts to a waiver of the warrant requirement with respect to the search previously conducted’ .... [Cits.] A voluntary written consent to search having been executed . . . the prior warrantless entry into the curtilage, if any, was ratified.”

   2 later decisions quote this exact passage
   e.g. State v. Sutton · 262 Ga. App. 614 - Smith v. State

3. “In some cases, the courts have balanced the minor's right to the use and occupation of the premises against the concomitant right of the one against whom the fruits of the consent search are used.”

   1 later decision quote this exact passage
   e.g. 202 Ga. App. 629 - Davis v. State