45 Cal. 2d 751 - People v. Michael’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 439 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 458 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"This is not a case in which entry was made pursuant to the supposed authority of an invalid search warrant. [citing cases] Nor is it a case in which the officers entered without the permission or knowledge of the occupants [citing cases] or demanded the right to search without a warrant. (See, Amos v. United States, supra, 255 U.S. 313, 317 , 41 S.Ct. 266 [ 65 L.Ed. 654 ]; United States v. Slusser, D.C., 270 F. 818, 819 .) All that appears is that four officers went to defendant's home, identified themselves, and were admitted by defendant's mother. Within approximately a minute of their arrival they asked defendant if she had any narcotics, and all of the evidence was then voluntarily produced by the two women. Under these circumstances, to hold as a matter of law that the evidence was produced in response to an unlawful assertion of authority would seriously hamper officers in the reasonable performance of their duties. Thus, it is not unreasonable for officers to seek interviews with suspects or witnesses or to call upon them at their homes for such purposes. Such inquiries, although courteously made and not accompanied with any assertion of a right to enter or search or secure answers, would permit the criminal to defeat his prosecution by voluntarily revealing all of the evidence against him and then contending that he acted only in response to an implied assertion of unlawful authority."”

   10 later decisions quote this exact passage
   e.g. People v. West · State v. Haggard

2. “Whether in a particular case an apparent consent was in fact voluntarily given or was in submission to an express or implied assertion of authority, is a question of fact to be determined in the light of all the circumstances.”

   7 later decisions quote this exact passage
   e.g. Castaneda v. Superior Court · 694 F. Supp. 926 - United States v. Suarez

3. “To protect his right to object to an unreasonable search or seizure a defendant need not forcibly resist an officer's assertion of authority to enter his home or search it or his person...., but if he freely consents to an entry or search ... his constitutional rights are not violated and any search or taking of evidence ... is not unreasonable....”

   2 later decisions quote this exact passage
   e.g. 149 Cal. App. 2d 836 - People v. Hood · 272 Cal. App. 2d 181 - People v. Toulson