State v. Storey’s Empirical Analysis

Citation profile

8 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]hen there has been no search, the Supreme Court has all but said that anything short of criminalizing refusal does not impermissibly burden or penalize a defendant's Fourth Amendment right to be free from an unreasonable warrantless search. We take that short leap today and conclude that introducing evidence of [the defendant's] refusal to consent to a blood or breath test to determine his BAC did not impermissibly burden his Fourth Amendment right.”

   1 later decision quote this exact passage
   e.g. State v. Shannon Rajda / State v. Albert Lee Lape, Jr.

2. “that the constitutional proscription announced in Birchfield does not extend to the introduction of evidence of, or a prosecutor's comment on, such refusal to consent”

   1 later decision quote this exact passage
   e.g. State v. Shannon Rajda / State v. Albert Lee Lape, Jr.

3. “a state cannot criminally punish an individual for refusing to submit to a warrantless blood draw,”

   1 later decision quote this exact passage
   e.g. State v. Shannon Rajda / State v. Albert Lee Lape, Jr.