People v. Simon’s Empirical Analysis
1955
Citation profile
37 federal appellate · 4 district · 394 state decisions
How this case has been cited
Cited by 445 later decisions — most recently September 2016 · most notably 53 Cal. 2d 407 - People v. Ingle (1960), 21 Cal. 3d 888 - Fare v. Tony C. (1978)
37 federal appellate · 4 district · 394 state decisions — followed in 30 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 Brinegar v. United States · United States v. Rabinowitz · United States v. Di Re · 45 Cal. 2d 640 - People v. Brown · Coverstone v. Davies
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 445 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“' “In thé usiial situation, as in this case, the same evidence that constitutes probable cause to arrest constitutes probable cause to search thé person arrested- for évidence of the crime for which he is seized.. Perhaps this is- the reason that in -many cases .courts have .upheld warrantless...searches which came prior to arrest by characterizing the searches as.‘incident to arrest.’ “ ‘Search before arrest is not uncommon in current practice. In some instances, the séarch precedes the formal announcement of arrest because it is necessary for the officer to act quickly for his own protection. In many- instances, .-however, no formal announcement is made'" bécause the officer knows that the person will not’ábtiiálly be taken to the station unless the search proves to he fruitful. That is, in those cases where the defendant might be arrested because of reasonable grounds to believe he presently possesses contraband, the common sense sequence — as far as the police are concerned — is search followed by arrest only if contraband is found, as opposed to arrest, search, and then release if nothing is found. “ ‘In these and similar cases, the better view is that the search is not unlawful merely because it precedes the arrest. Such is the California position, which has been explained as follows: “ ‘ “Thus, if the officer is entitled to make an arrest on the basis of 'information available to him before he searches, and as an incident to that arrest is entitled to make a reasonable”
19 later decisions quote this exact passage“to permit an officer to justify a search on the ground that he `didn't feel' that a person on the street at night had any lawful business there would expose anyone to having his person searched by any suspicious officer no matter how unfounded the suspicions were. Innocent people, going to or from evening jobs or entertainment, or walking for exercise or enjoyment, would suffer along with the occasional criminal who would be turned up.”
2 later decisions quote this exact passage · from the concurrence“There is, of course, nothing unreasonable in an officer's questioning persons outdoors at night”
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.