State v. Unger’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"To determine whether the state has met its burden of showing that [the] defendant's consent was not the product of the unlawful police conduct, we consider the totality of the circumstances, including the temporal proximity between that misconduct and the consent, and the existence of any intervening or mitigating circumstances. We also consider the nature, purpose, and flagrancy of the misconduct."”

   3 later decisions quote this exact passage · from the concurrence
   e.g. 290 Or. App. 827 - State v. Rhyne · 291 Or. App. 78 - State v. Aguirre-Lopez

2. “place[d defendant] in a more disadvantaged position, making it easier and more likely for [Downey] to exploit that illegality to obtain [defendant's] consent”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Swan · 296 Or. App. 278 - State v. Taylor

3. “demonstrat[e] that (1) the consent was voluntary; and (2) the voluntary consent was not the product of police exploitation of the illegal stop or search”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Stevens · 291 Or. App. 78 - State v. Aguirre-Lopez