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← 40 OHIOST3D 420 - State v. Posey

State v. Posey’s Empirical Analysis

1988

Citation profile

211
cited by 211 later decisions
3
states following
November 2025
most recently cited

1 federal appellate · 210 state decisions

How this case has been cited

Cited by 211 later decisions — most recently November 2025 · most notably State v. Roberts (2006), State v. Zaccaro (1990)

1 federal appellate · 210 state decisions

102019881990200020102020decided

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 26 U.S.C. § 170

Relies on Wong Sun v. United States · Katz v. United States · Schneckloth v. Bustamonte · City of Cleburne Texas v. Cleburne Living Center · Bumper v. North Carolina

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

  1. “To rely on the consent exception of the warrant requirement, the state must show by 'clear and positive' evidence that the consent was 'freely and voluntarily' given.”
    14 later decisions quote this exact passage
  2. “[W]hether consent to search was in fact `voluntary' or was the product of duress or coercion, express or implied, is a question of fact to be determined by the totality of the circumstances.”
    12 later decisions quote this exact passage
  3. ““[W]hen an individual gives consent to another to enter a private area wherein illegal activities are being conducted, the consent does not lose its status of being freely and voluntarily given merely because it would not have been given but for the fact that the other person failed to identify himself as a police officer or agent.” Id., 40 Ohio St.3d at 429 , 534 N.E.2d at 69 .”
    3 later decisions 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.