Ochana v. Flores’s Empirical Analysis
347 F.3d 266 · 2003
Citation profile
14 federal appellate · 1 state decisions
How this case has been cited
Cited by 30 later decisions — most recently December 2024 · most notably Abbott v. Sangamon County (2013), United States v. Cherry (2006)
14 federal appellate · 1 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.
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Whren v. United States · United States v. Ross · New York v. Belton · Atwater v. City of Lago Vista · Knowles v. Iowa
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[generally, it is legal to search a vehicle incident to a lawful custodial arrest, including the contents of any closed containers found inside, in order to disarm the suspect or preserve evidence of a crime. See New York v. Belton, 453 U.S. 454, 460 , 101 S.Ct. 2860 , 69 L.Ed.2d 768 (1981). It is not, however, permissible to conduct a Belton search pursuant to a traffic citation alone. Knowles v. Iowa, 525 U.S. 113, 119 S.Ct. 484 , 142 L.Ed.2d 492 (1998). In Knowles , the Court underscored that a Belton search may not be conducted as part of a mere traffic stop, even if there is probable cause for the traffic stop, or probable cause to arrest the driver for the traffic violation. In order to conduct a Belton search, the occupant of the vehicle must actually be held under custodial arrest. Id. at 118, 119 S.Ct. 484 .”
1 later decision quote this exact passage · from the majority“A suspect is under custodial arrest when `a reasonable person in the suspect's position would have understood the situation to constitute a restraint of freedom of movement of the degree which the law associates with formal arrest.'”
1 later decision quote this exact passage · from the majority“Ochana had no reason to believe that he was under custodial arrest for any offense. He was not told that he was under arrest....”
1 later decision quote this exact passage · from the majority
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.