Metzner v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “' (a) When the driver of a motor vehicle or operator of a motorboat on the waters of this state is involved in an accident resulting in loss of human life or whén there is ^reason to believe death may result, a chemical test of the driver’s dr operator’s blood, breath, saliva,'or urine shall be administered to the driver or operator, even if he or she is fatally injured, to determine the presence of and percentage of alcohol concentration or the presence of a controlled substance, or both, in the driver’s or operator’s body. (b)(1) A chemical test under this section shall be ordered- as soon as practicable by one (1) of the following persons or agencies: (A) The law enforcement agency investigating thé accident; (B) The physician in attendance; or (C)-Other person designated by state law. [[Image here]] (c) The result of a chemical test required by this section shall be reported to the department and may be used by state and local officials for: [[Image here]] (2) Any law enforcement purpose, including prosecution for the violation of any law. 1”

   1 later decision quote this exact passage · from the dissent
   e.g. Hinson v. State

2. “|4(a) Search of an accused’s blood stream, body cavities, and subcutaneous tissues conducted incidental to an arrest may be made only: (i) if there ⅛ a strong probability that it will disclose things subject to seizure and related to the’ offense for which the individual was arrested; and' (ii) if it reasonably appears that the delay consequent upon procurement of a search warrant would probably result in the disappearance or destruction of the objects of the search; and (iii) if it reasonably appears that the search is otherwise reasonable under the circumstances of the case, including the seriousness of the offense and the nature of the invasion of the individual’s person. (b) Any search pursuant to this rule shall be conducted by a physician or a licensed nurse.”

   1 later decision quote this exact passage · from the dissent
   e.g. 2015 Ark. App. 693 - Logan v. State