State v. Spencer’s Empirical Analysis
1988
Citation profile
54 state decisions
How this case has been cited
Cited by 54 later decisions — most recently May 2019 · most notably Friedman v. Commissioner of Public Safety (1991), Erdman v. State (1993)
54 state decisions — followed in 13 states
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 Gideon v. Wainwright · United States v. Wade · Schmerber v. State of California · Gilbert v. California · Rochin v. People of California
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Consent [to submit to a breath test] being implied by law, a driver may not legally refuse. A driver, however, can physically refuse to submit, and [the law] forbids the use of physical force to compel submission. The history and development of the implied consent law * * * suggest that the advice to be given an arrestee was intended to provide an additional incentive, short of physical compulsion, to induce submission." (Emphasis in original; footnotes omitted.)”
7 later decisions quote this exact passage · from the dissent“"A person taken into formal custody by the police on a potentially criminal charge is confronted with the full legal power of the state, regardless of whether a formal charge has been filed. Where such custody is complete, neither the lack of a selected charge nor the possibility that the police will think better of the entire matter changes the fact that the arrested person is, at that moment, ensnared in a `criminal prosecution.' The evanescent nature of the evidence the police seek to obtain may justify substantially limiting the time in which the person may exercise his or her Article I, section 11, right, but it does not justify doing away with it. "We hold that, under the right to counsel clause in Article I, section 11, an arrested driver has the right upon request to a reasonable opportunity to obtain legal advice before deciding whether to submit to a breath test. " 305 Or. at 74 , 750 P.2d 147 . (Footnote omitted; emphasis supplied.)”
5 later decisions quote this exact passage · from the concurrence“"There can be no question that the right to an attorney during the investigative stage is at least as important as the right to counsel during the trial itself. Where once the primary confrontation between state and individual occurred at the trial, now `the point at which the individual first confronts the amassed power of the state has moved back in the process from trial to the police stage.'" 305 Or. at 73 , 750 P.2d 147 . (Citation omitted.)”
2 later decisions quote this exact passage · from the concurrence
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.