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← 417 A2D 915 - State v. Bailey

State v. Bailey’s Empirical Analysis

1980

Citation profile

26
cited by 26 later decisions
10
states following
March 2016
most recently cited

1 district · 24 state decisions

How this case has been cited

Cited by 26 later decisions — most recently March 2016 · most notably 494 So. 2d 750 - Bradley v. State (1985), State v. Gallagher (1983)

1 district · 24 state decisions — followed in 10 states

1501980199020002010decided

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 Wong Sun v. United States · Schneckloth v. Bustamonte · Payton v. New York · Dunaway v. New York · 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““[1] the extent to which the person’s freedom of movement has been curtailed and the degree of force used by the police * * * [2] the belief of a reasonable innocent person [concerning his/her inhibition of movement] in the same circumstances * * * and [3] [the question ofj whether the person had the option of not going with the police * * *.” Id. at 917-18 .”
    3 later decisions quote this exact passage
  2. “What we must determine is whether, by admitting Officer Sullivan into his apartment to use the telephone, defendant consented as well to the entry for the purpose of arresting him. When seeking to justify a search or seizure on consent grounds, the state must prove that the consent was “freely and voluntarily given.” See Bumper v. North Carolina, 391 U.S. 543, 548 , 88 S.Ct. 1788, 1792 , 20 L.Ed.2d 797, 802 (1968); Palmigiano v. Mullen, R.I., 377 A.2d 242, 246 (1977). It seems to us that consent to enter one’s home to make a routine felony arrest cannot be deemed free or voluntary unless the person said to be consenting is aware of the purpose for which the police seek to enter. 3 See United States v. Phillips, 497 F.2d 1131 , 1135 n. 4 (9th Cir.1974). The notion of a free and voluntary consent necessarily implies that the person knows what it is he is allowing the police to do. 4”
    1 later decision 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.