42 Cal. 3d 91 - People v. Duncan’s Empirical Analysis
1986
Citation profile
4 federal appellate · 136 state decisions
How this case has been cited
Cited by 140 later decisions — most recently August 2019 · most notably 1 Cal. 4th 324 - People v. Price (1991), 23 Cal. 4th 529 - People v. Coddington (2000)
4 federal appellate · 136 state decisions — followed in 14 states
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 Michigan v. Tyler · 21 Cal. 3d 888 - Fare v. Tony C. · 16 Cal. 3d 263 - People v. Ramey · 12 Cal. 3d 731 - People v. Hill · 29 Cal. 3d 591 - People v. Leyba
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 140 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he strong smell of ether, equally consistent with criminal and innocent activity, but in either event indicative of possible danger, justifies further investigation by law enforcement officers. If this further investigation reveals "an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property . . ."a warrantless entry, search or arrest may be justified. "[I]n each case the claim of an extraordinary situation must be measured by the facts known to the officers."”
4 later decisions quote this exact passage“an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property . . .”
3 later decisions quote this exact passage“'As a general rule, the reasonableness of an officer's conduct is dependent upon the existence of facts available to him at the moment of the search or seizure which would warrant a man of reasonable caution in the belief that the action taken was appropriate. [Citation.] And in determining whether the officer acted reasonably, due weight must be given not to his unparticularized suspicions or "hunches,”
2 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.