Gutierrez v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The State, however, does not seek to justify the search as one incident to a lawful arrest. They contend that an automobile on proof of probable cause, may be legally searched without a search warrant. We agree. See Carroll v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 ; Husty v. United States, 282 U.S. 694 , 51 S.Ct. 240 , 75 L.Ed. 629 ; Brinegar v. United States, 338 U.S. 160 , 69 S.Ct. 1302 , 93 L.Ed. 1879 ; 51 Tex.Juris. 2d, Searches and Seizures, Sec. 10, pp. 669, 670. Under these authorities the test of the validity of the search is whether the searching officers had probable cause. They do not have to arrest the defendant as a condition of making the search. They may search, find the contraband, and then arrest.” See also Williams v. United States, 5 Cir., 404 F.2d 493 ; Miller v. State, Tex.Cr.App., 458 S.W.2d 680, 683 ; 51 Tex.Jur.2d, Searches and Seizures, Sec. 10, pp. 669, 670.”

   1 later decision quote this exact passage
   e.g. Johnson v. State