State v. Heintz’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * We are keenly aware that the standards enunciated in Cupp v. Murphy, supra, must be stringently enforced by the courts of this state in order to avoid serious Fourth Amendment abuses in the form of warrantless pre-arrest investigatory searches. Nevertheless, the Cupp v. Murphy doctrine can serve an important function in criminal negligence prosecutions. Alcohol-related accidents often produce unconscious or uncommunicative victims. We think it would be absurd to demand the performance of an arrest ritual in the presence of such persons as a prerequisite to the admission of probative blood-alcohol evidence against them. Rather, it seems eminently more sensible to allow the admission of such evidence where probable cause would plainly have supported the arrest of such persons had they been fully conscious. We therefore adopt the rule of Cupp v. Murphy, supra, for criminal negligence prosecutions in Minnesota.” State v. Oevering, supra, 268 N.W.2d at 73 ; See, State v. Heintz, supra, 594 P.2d at 390-391 .”

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

2. “"Nothing in ORS 487.805 is intended to preclude the administration of a chemical test described in this section. A police officer may obtain a chemical test of the blood to determine the amount of alcohol in any person's blood or a test of the person's blood or urine, or both, to determine the presence of a controlled substance in the person as provided in the following: "(1) If, when requested by a police officer, the person expressly consents to such a test. "(2) Notwithstanding subsection (1) of this section, from a person without the person's consent if: "(a) The police officer has probable cause to believe that the person was driving while under the influence of intoxicants and that evidence of the offense will be found in the person's blood or urine; and "(b) The person is unconscious or otherwise in a condition rendering the person incapable of expressly consenting to the test or tests requested."”

   1 later decision quote this exact passage · from the concurrence
   e.g. 84 Or. App. 376 - State v. Langevin

3. ““Under the theory of Cupp v. Murphy, supra, then, a warrantless body search may be conducted in spite of the fact that the person searched is not formally under arrest when (1) the character of the search is highly unintrusive, (2) the evidence sought will be forever lost absent the search, and (3) sufficient probable cause exists to support a formal arrest.” State v. Oevering, Minn.1978, 268 N.W.2d 68, 73 ; and see to the same effect State v. Heintz, Or.1979, 594 P.2d 385, 390-391 . 6”

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