195 N.C. App. 310 - State v. Kuegel’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[T]he question whether a consent to a search [is] 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 , 93 S. Ct. 2041 , 36 L. Ed. 2d 854, 862-63 (1973). "Voluntariness is a question of fact to be determined from all the circumstances, and while the subject's knowledge of a right to refuse is a factor to be taken into account, the prosecution is not required to demonstrate such knowledge as a prerequisite to establishing a voluntary consent." Id. at 248-49 , 93 S. Ct. at 2059 , 36 L. Ed. 2d at 875 .”

   2 later decisions quote this exact passage
   e.g. 201 N.C. App. 593 - State v. TORRES-GARCIA · State v. Carpenter

2. “Whether consent to a search is obtained voluntarily or by coercion is a question of fact to be determined from the totality of all the circumstances.”

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