26 Va. App. 674 - Johnson v. Commonwealth’s Empirical Analysis
1998
Citation profile
36 state decisions
How this case has been cited
Cited by 36 later decisions — most recently January 2017 · most notably 28 Va. App. 187 - Timbers v. Commonwealth (1998), 37 Va. App. 299 - Hargraves v. Commonwealth (2002)
36 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 Katz v. United States · Schneckloth v. Bustamonte · Florida v. Royer · Ornelas v. United States · See v. City of Seattle
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A court must determine whether the individual maintains a legitimate expectation of privacy in the object or premises to be searched, which involves a two-part inquiry. First, we must determine whether the individual has manifested "a subjective expectation of privacy" in the object of the challenged search. This inquiry is a factual determination to which we must give deference on appeal. Second, we must determine whether the expectation of privacy is objectively reasonable, one that society is willing to recognize as legitimate. This is a legal determination, requiring no deference on review.”
3 later decisions quote this exact passage“[i]n this case, the Commonwealth’s attorney conceded in the trial court that “there is no regulatory scheme under Burger ” that would permit application of the administrative search exception to the warrant requirement. The trial court agreed. Therefore, the Commonwealth is barred from asserting the exception as a basis for affirmance on appeal. See, e.g., Manns v. Commonwealth, 13 Va.App. 677, 679-80 , 414 S.E.2d 613, 615 (1992) (holding that a party, “having agreed upon the action taken by the trial court, should not be allowed to assume an inconsistent position”) (quoting Clark v. Commonwealth, 220 Va. 201, 214 , 257 S.E.2d 784, 792 (1979)).”
1 later decision quote this exact passage“[biased on the parties’ representations and its own review of the relevant legal principles, the trial court held that the [Virginia Marine Resources Commission] had no administrative authority to conduct a warrantless inspection or search of the premises for untagged striped bass.”
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.