People v. Wohlleben’s Empirical Analysis

Citation profile

67 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““First, the scheme in effect presumes that in the vast majority of cases the violator will not be taken into custody: with the exception of the instances next discussed, the officer must prepare a written notice to appear (i.e., a citation or ‘ticket’), and must release the violator ‘forthwith’ when the latter in turn gives his written promise that he will appear as directed (§§ 40500, 40504). Indeed, such a violator may entirely avoid the necessity for appearing in court: he may choose to deposit the prescribed bail by mail (§ 40510) and, by failing thereafter to appear, forfeit that amount in lieu of fine (§ 40512). “Second, in certain cases section 40303 gives the officer the option either to follow the foregoing procedure or to take the violator ‘without unnecessary delay’ before the ‘nearest or most accessible’ magistrate having jurisdiction over the offense. The section lists a number of more serious violations as grounds for invoking this option, such as reckless driving, failure to stop after an accident, participating in speed contests, driving with an invalid license, attempt to evade arrest, and refusal to submit to safety inspections. “Third, section 40302 makes it mandatory for the officer to follow the latter branch of the section 40303 option—i.e., to take the violator before a magistrate without unnecessary delay—in four specific instances: i.e., when the violator (a) fails to present his driver’s license or other satisfactory evidence of his identity, (b) ref”

   2 later decisions quote this exact passage
   e.g. People v. Ramirez · 12 Cal. App. 4th 1174 - People v. Monroe

2. ““Unless a foundation is laid for the use of other evidence, no evidence of the contents of a writing other than the writing itself is admissible.... The contents of the warrants under which defendant was arrested were necessarily in issue since it was incumbent upon the prosecution to prove that defendant was the person named in the warrants. Defendant having objected to the competency of the prosecution’s evidence of the warrants, the court erred in not requiring that the original warrants be produced or that a proper foundation be established for the use of the secondary evidence. A rule which requires the production of the original warrant does not place a burden on the People because, as the Supreme Court observed in People v. Burke [ 61 Cal.2d 575 , 39 Cal.Rptr. 531 , 394 P.2d 67, 68 (1964) ], in connection with search warrants, ‘Ordinarily proof of the existence of a search warrant is a simple matter, and in the face of an objection that the evidence has been illegally obtained, it seems obvious that the prosecution will produce a warrant if one exists.’ ””

   1 later decision quote this exact passage
   e.g. Carter v. State

3. “The provisions of this chapter shall govern all peace officers in making arrests for violations of this code without a warrant for offenses committed in their presence, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade.”

   1 later decision quote this exact passage
   e.g. 14 Cal. App. 3d 935 - People v. Superior Court