Fitzgerald v. People’s Empirical Analysis

Citation profile

7 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]hen there has been no search, the Supreme Court has all but said that anything short of criminalizing refusal does not impermissibly burden or penalize a defendant's Fourth Amendment right to be free from an unreasonable warrantless search. We take that short leap today and conclude that introducing evidence of [the defendant's] refusal to consent to a blood or breath test to determine his BAC did not impermissibly burden his Fourth Amendment right.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Shannon Rajda / State v. Albert Lee Lape, Jr.

2. “whether motorists lawfully arrested for drunk driving may be convicted of a crime or otherwise penalized for refusing to take a warrantless test measuring the alcohol in their bloodstream.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Shannon Rajda / State v. Albert Lee Lape, Jr.

3. “of implied-consent laws that impose civil penalties and evidentiary consequences on motorists who refuse to comply.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Shannon Rajda / State v. Albert Lee Lape, Jr.