45 Kan. App. 2d 340 - State v. Edgar’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) Any person who operates or attempts to operate a vehicle within this state is deemed to have given consent to submit to a preliminaiy screening test of tire person’s breath subject to the provisions set out in subsection (b). “(b) A law enforcement officer may request a person who is operating or attempting to operate a vehicle within this state to submit to a preliminary screening test of the person’s breath to determine the alcohol concentration of the person’s breath if the officer has reasonable suspicion to believe the person has been operating or attempting to operate a vehicle while under the influence of alcohol or drugs or both alcohol and drugs. “(c) At tire time the test is requested, tire person shall be given oral notice that: (1) There is no right to consult with an attorney regarding whether to submit to testing; (2) refusal to submit to testing is a traffic infraction; and (3) further testing may be required after the preliminary screening test. Failure to provide the notice shall not be an issue or defense in any action. The law enforcement officer then shall request the person to submit to the test. “(d) Refusal to take and complete the test as requested is a traffic infraction. If the person submits to the test, the results shall be used for the purpose of assisting law enforcement officers in determining whether an arrest should be made and whether to request the tests authorized by K.S.A. 8-1001 and amendments thereto. A law enforcement officer may a”

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

2. ““In conducting a DUI investigation, a law enforcement officer is not required to reweigh reasonable suspicion after each field sobriety test. If reasonable suspicion exists at fire outset of an investigation, an officer should be allowed to run the usual array of tests, within a reasonable number, to determine if file officer s reasonable suspicion leads to arrest or release of the person detained.” 45 Kan. App. 2d at 346 .”

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