238 So. 2d 681 - Carter v. State’s Empirical Analysis
1970
Citation profile
8 state decisions
How this case has been cited
Cited by 9 later decisions — most recently May 2010
8 state decisions
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 Mapp v. Ohio · Gouled v. United States · Lelis v. State
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.
“[W]e are of the opinion that the authority of a beverage agent to search the premises of a beverage licensee without a search warrant is restricted to occasions in which the beverage agent is acting in good faith ‘in the enforcement of the beverage law and the cigarette tax law of this state, and in the prosecution of offenders against such laws.’”
2 later decisions quote this exact passage“"... [I]t is encumbent upon the state to establish clearly a waiver of search and seizure rights and: `A distinction is recognized ... between submission to apparent authority of an officer and unqualified consent. Mere acquiescence in a search is not necessarily a waiver of a valid search warrant. Rather, for an occupant to waive his rights, it must clearly appear that he voluntarily permitted or expressly invited and agreed to the search, being cognizant of his rights in the premises ...'" Carter v. State, 238 So.2d 681, 683 (Fla.1st DCA 1970), quoting from Talavera v. State, 186 So.2d 811, 814 (Fla.2d DCA 1966). "[I]f this consent is obtained by the use of force or pressure, or where superior authority had any place in the obtaining of the consent, the consent is no consent at all, and the constitutional guarantees against unreasonable searches and seizures have been violated." Pekar v. United States, 315 F.2d 319 (5th Cir.1963).”
1 later decision quote this exact passage““The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.””
1 later decision quote this exact passage
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.