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← 245 Or. 279 - State v. Elkins

State v. Elkins’s Empirical Analysis

1966

Citation profile

70
cited by 70 later decisions
17
states following
December 2018
most recently cited

65 state decisions

How this case has been cited

Cited by 70 later decisions — most recently December 2018 · most notably State v. Kaluna (1974), 23 Md. App. 19 - Dixon v. State (1974)

65 state decisions — followed in 17 states

340196619701980199020002010decided

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.

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

  1. “"* * * If indiscriminate seizures are allowed upon lawful arrest, it will tend to promote more arrests upon tenuous or fanciful grounds." State v. Elkins, supra, 245 Or. at 290 , 422 P.2d at 255 .”
    6 later decisions quote this exact passage
  2. “"* * * It may well be that after a person has been deprived of the possession of his property upon being incarcerated, he may not thereafter complain if police have his property examined. His property rights have already been legally violated. However that is not a question we must decide now as this situation had not yet occurred and might never have occurred." 245 Or. at 291-292 , 422 P.2d at 255-256 .”
    1 later decision quote this exact passage
  3. “"* * * However, we believe the balance between the public and the individual requires some protection for individual property rights by way of at least a minimal factual basis for the officer's suspicion and resultant seizure of property unrelated to the crime for which the arrest is made. The plain wording of the constitutional mandate requires it." State v. Elkins, 245 Or. at 291 , 422 P.2d at 255 .”
    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.