State v. Lowry’s Empirical Analysis
1983
Citation profile
32 state decisions
How this case has been cited
Cited by 32 later decisions — most recently June 2018 · most notably State Of Iowa Vs. James Maximiliano Ochoa (2010), State Of Iowa Vs. Robert Joseph Vance (2010)
32 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.
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[T]he seizure of the bottle incident to a valid arrest and the subsequent testing of its contents are properly analyzed not as one but as two events. For `probable cause' is not alone dispositive of those steps. The question is not simply whether probable cause to investigate, that is to say, to `search,' the contents of the bottle did or did not exist, but whether there was any need to do so without a warrant. "The constitutional text itself ties the phrase `probable cause' to warrants. It seems never to become superfluous to repeat that the requirement of a judicial warrant for a search or seizure is the rule and that authority to act on an officer's own assessment of probable cause without a warrant is justified only by one or another exception. [Citations omitted.] The time to make the judicial determination whether there is probable cause for a search or a seizure, if time permits, is before the individual's privacy is invaded. A later adjudication upon a motion to suppress evidence, although necessary, does not undo the invasion, does not help persons who are cleared and never prosecuted, and colors the perception of `probable cause' by what the search in fact revealed." 295 Or. at 346 , 667 P.2d 996 .”
2 later decisions quote this exact passage“"* * * The reasons for the exceptions from the rule are always one form or another of practical necessity to act before a warrant can be obtained." 295 Or. at 347, 667 P.2d 996 . (Emphasis supplied.)”
2 later decisions quote this exact passage“[In Lowry ] the pill bottle was seized in the course of arresting defendant for a crime with which the bottle had nothing to do. This is the decisive distinction between this case and Caraher, which sustained the warrantless seizure of evidence from Caraher's purse because `the arrest was for possession of a controlled substance [and] it was reasonable to believe that defendant would carry contraband in her purse.' 293 Or. at 759 . The present defendant was not arrested for or suspected of having any controlled substance. Nor did the indisputable nature of the substance become evident to the officers' observation simply in the course of the routine of the arrest, as may happen when unlawful weapons, burglar tools, specific property already known to be stolen, marijuana, or other contraband is discovered in plain view in a traffic stop or a frisk.”
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.