2 Kan. App. 2d 64 - State v. Dean’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Court appears to be distinguishing — for purposes of whether a warrant is required to search property in police custody that was seized from a suspect at the time of the arrest — between searches of an arrestee’s clothing, as in Edwards, or items that were in his pockets, as in Robinson, from searches of other possessions, such as luggage, that were within his immediate control. Warrantless searches of the former items after they come in police custody can be characterized as searches of the arrestee’s person because they do not involve any greater reduction in the arrestee’s expectations of privacy than that caused by the arrest itself. Warrantless searches of the latter items, however, affect privacy interests other than those reduced by the arrest itself and thus can be conducted only so long as the danger exists that the arrestee might gain access to the property to seize a weapon or destroy evidence. “[W]e believe that the search of the attache case is better characterized as a search of possessions within the arrestee’s immediate control than as a search of his person. First, as a matter of common usage, a briefcase is not an item carried on an individual’s person in the sense that his clothing or items found in his pocket are. Second, as was true of the footlocker in Chadwick , the privacy interest in the attache case here centered on its contents rather than on the container itself. A search of the interior constituted ‘a far greater intrusion into Fourth Amendme”

   1 later decision quote this exact passage
   e.g. 40 Md. App. 640 - Dawson v. State