State v. Johnson’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) Any person who operates or attempts to operate a vehicle within this state is deemed to have given consent... to submit to one or more tests of the person’s blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs. . . . “(b) A law enforcement officer shall request a person to submit to a test or tests deemed consented to under subsection (a): ... (2) if the person was operating or attempting to operate a vehicle and such vehicle has been involved in an accident or collision resulting in serious injury or death of any person and the operator could be cited for any traffic offense, as defined in K.S.A. 8-2117, and amendments thereto. The traffic offense violation shall constitute probable cause for purposes of paragraph (2).” (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. 49 Kan. App. 2d 908 - State v. Declerck

2. ““[Ujnder tire Fourth and Fourteentli Amendments to tire United States Constitution and § 15 of the Kansas Constitution Bill of Rights, a search conducted without a warrant is per se unreasonable, unless a specifically established exception applies. See State v. Damm, 246 Kan. 220, 221 , 787 P.2d 1185 (1990). It is the State’s burden to validate a warrantless search by fitting it within one of tire recognized exceptions, which are: consent; search incident to a lawful arrest; stop and frisk; probable cause plus exigent circumstances; the emergency doctrine; inventory searches; plain view or feel; and administrative searches of closely reg ulated businesses. [Citation omitted.]” State v. Johnson, 297 Kan. 210, 223 , 301 P.3d 287 (2013).”

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

3. ““Any person who operates or attempts to operate a vehicle within this state is deemed to have given consent, subject to the provisions of tills article [10 of chapter 8 of the Kansas statutes], to submit to one or more tests of the person’s blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs.” (Emphasis added.)”

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