31 Or. App. 749 - State v. Smith’s Empirical Analysis
1977
Citation profile
3
cited by 3 later decisions
2
states following
March 2018
most recently cited
3 state decisions
Relationships
Relies on Fairmont Creamery Co v. State of Minnesota · Brown v. Multnomah County District Court · 2 Cal. 3d 836 - People v. Cressey · State v. Jackson · State v. Adkins
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"This statutory evolution indicates that the legislature has made changes in the prohibited conduct, e.g. , adding 'remains' to 'frequents' but has been consistent about the nature of the place in which such conduct is prohibited. It is not a crime to remain in any place, but only, as most clearly stated in former ORS 474.130(3) after the 1957 amendment, a certain 'type' of place. Interpreted in light of its historical antecedents set out above, we conclude ORS 167.222 prohibits knowingly remaining in a place where a principal or substantial purpose is the commercial sale or use of illegal drugs . In other words, we interpret ORS 167.222 as a modern version of the statute involved in State v. Sam , 14 Or. 347 , 13 P. 303 (1887), which prohibited frequenting 'an opium den.' "”
1 later decision quote this exact passage“"(1) Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same, shall be deemed a common nuisance and shall be abated in the manner provided in ORS 471.630 to 471.655. "(2) No person shall keep or maintain such a common nuisance. "(3) No person shall frequent any place if he knows it to be a place of the type described in subsection (1) of this section."”
1 later decision quote this exact passage“"(1) A person commits the crime of criminal drug promotion if he knowingly maintains, frequents, or remains at a place: "(a) Resorted to by drug users for the purpose of unlawfully using narcotic or dangerous drugs; or "(b) Which is used for the unlawful keeping or sale of narcotic or dangerous drugs."”
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.