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← 223 Mont. 349 - State v. Ellinger

State v. Ellinger’s Empirical Analysis

1986

Citation profile

56
cited by 56 later decisions
4
states following
November 2025
most recently cited

2 district · 54 state decisions

How this case has been cited

Cited by 56 later decisions — most recently November 2025 · most notably State v. Pratt (1997), 38 Cal. 4th 811 - People v. Thompson (2006)

2 district · 54 state decisions

31019861990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Miranda v. State of Arizona Vignera · Schneckloth v. Bustamonte · Schmerber v. State of California · Berkemer v. McCarty · Rawlings v. Kentucky

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

  1. “First, Undersheriff Fisher never file:///C|/Documents%20and%20Settings/cu1046/Desktop/opinions/97-279%20Opinion.htm (8 of 23)4/25/2007 4:32:55 PM State v entered defendant's house. . . . Second, . . . the time of arrest was . . . 7:34 p.m. . . . [which] [w]hen viewed in a light most favorable to defendant . . . might be considered twilight, but certainly not 'night.' . . . Third, . . . defendant Ellinger was arrested for the criminal offense of driving while under the influence of alcohol.”
    1 later decision quote this exact passage · from the majority
  2. “[a]n arrest may be made at any time of the day or night, except that a person may not be arrested in the person's home or private dwelling place at night for a misdemeanor committed at some other time and place unless upon the direction of a judge endorsed upon an arrest warrant.”
    1 later decision quote this exact passage · from the majority
  3. ““A peace officer may arrest a person when: . . . (d) he believes on reasonable grounds that the person is committing an offense or that the person has committed an offense and the existing circumstances require his immediate arrest. “”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.