Barnes v. State’s Empirical Analysis

Citation profile

11 federal appellate · 47 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the instant case we do not have the benefit of any finding of fact by the trial court with respect to whether or not defendant voluntarily consented to the search. We, therefore, must make our own independent determination of this factual issue upon the evidence before us. . . .””

   2 later decisions quote this exact passage
   e.g. 51 Wis. 2d 162 - Howland v. State · 99 Wis. 2d 306 - State v. Kraimer

2. ““While defendant conceded the lawfulness of the arrest, we deem it advisable to add the observation that the type of search here conducted raises a strong suspicion that the original arrest for the minor traffic offense committed was but a pretext to search defendant for narcotics. Cf. Taglavore v. United States (9th Cir.1961) 291 F.2d 262, 265 . As the United States supreme court declared in United States v. Lefkowitz (1932) 285 U. S. 452, 467 , 52 S.Ct. 420, 424 , 76 L.Ed. 877 . ‘An arrest may not be used as a pretext to search for evidence.’ ””

   1 later decision quote this exact passage
   e.g. Lane v. Commonwealth