Jacobs v. State’s Empirical Analysis
2016
Citation profile
10
cited by 10 later decisions
1
states following
July 2018
most recently cited
10 state decisions
Relationships
Relies on Miranda v. State of Arizona Vignera · State v. Palmer · Williams v. State · 222 Ga. App. 316 - State v. Pastorini · 335 Ga. App. 766 - Kendrick v. the State
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]n conducting a totality of the circumstances analysis, we have considered a host of factors. A consent to search will normally be held voluntary if the totality of the circumstances fails to show that the officers used fear, intimidation, threat of physical punishment, or lengthy detention to obtain the consent. The defendant's affirmative response to the implied consent notice may itself be sufficient evidence of actual and voluntary consent, absent reason to believe the response was involuntary. The defendant's failure to express an objection to the test or change his or her mind also is evidence of actual consent. There is, however, no duty to inform suspects of their constitutional right against unreasonable searches. The use of handcuffs does not negate a defendant's ability to give consent. And the mere fact that a defendant was visibly intoxicated does not render his consent involuntary.”
2 later decisions quote this exact passage“Law enforcement officers are required to give Miranda warnings prior to questioning only where the subject is in police custody, having either been formally arrested or restrained to an extent associated with such an arrest. Where one has not been arrested, he will be considered to be in custody only under circumstances where a reasonable person in the same situation would perceive that he was deprived of his freedom of action in a meaningful way.”
2 later decisions quote this exact passage“A trial court must consider the totality of the circumstances to determine whether a reasonable person would believe he is not at liberty to leave. Factors indicating a defendant is not in custody include that the defendant voluntarily accompanied an officer to another location, that the officer told the defendant he was not under arrest or otherwise in custody, that the defendant was allowed to speak to others, and that the defendant was not handcuffed or otherwise restrained.”
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.