State v. Bourgeois’s Empirical Analysis
1980
Citation profile
48 state decisions
How this case has been cited
Cited by 48 later decisions — most recently December 2015 · most notably 433 So. 2d 104 - State v. Square (1983), 450 So. 2d 621 - State v. Jackson (1984)
48 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
Relies on Miranda v. State of Arizona Vignera · Katz v. United States · Schneckloth v. Bustamonte · Chimel v. California · Beck v. State of Ohio
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he statutory definition of `arrest' is keyed to the concept of restraint. It is the circumstances indicating an intent to effect an extended restraint on the liberty of an accused, rather than the precise timing of an officer's statement, `You are under arrest,' that is determinative of when an arrest is actually made.”
3 later decisions quote this exact passage“Arrest is the taking of one person into custody by another. To constitute arrest there must be an actual restraint of the person. The restraint may be imposed by force or may result from the submission of the person arrested to the custody of the one arresting him.”
2 later decisions quote this exact passage“BY THE COURT: Mr. Ryan, the Court ordered a Pre-Sentence Investigation into your background in this particular matter. The Court finds in reviewing the Pre-Sen-tence Investigation, that you’re presently on probation for another offense out of Louisiana and, therefore, the Court is not going to give you probation in this particular case because I do not feel you are eligible for probation. The court is mindful of 894.1 of the Code of Criminal Procedure in sentencing the defendant. I feel, first, that if the defendant is placed on probation, there is an undue risk that during the period of a suspended sentence, he would commit another crime. To support that, the Court looks at your record, that you have violated laws of the state while on probation. Secondly, I feel that you are in need of a correctional treatment that can be most effectively provided by your commitment to an institution. Thirdly, I feel that any lesser sentence than the one I will impose will depreciate the seriousness of the offense.”
1 later decision quote this exact passage · from the concurrencee.g. State v. Ryan
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.