Reyes-Perez v. State’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. “Consent to search is one of the well-established exceptions to the constitutional requirements of both a warrant and probable cause. Although the federal constitution only requires the State to prove the voluntariness of consent by a preponderance of the evidence, the Texas Constitution requires the State to prove by clear and convincing evidence that consent to search was freely given. To be valid, a consent to search must be positive and unequivocal, and must not be the product of duress or coercion, either express or implied. Voluntary consent is not shown by a mere acquiescence to a claim of lawful authority. The trial court must look at the totality of the circumstances surrounding the statement of consent in order to determine whether consent was given voluntarily. The extent of a search is limited to the scope of the consent given, and the scope of the consent is generally defined by its expressed object.”

   1 later decision quote this exact passage · from the majority
   e.g. Gallups v. State

2. “[Vjiewing the facts in the light most favorable to the trial court’s ruling, we hold that the officers’ testimony that they communicated with appellant solely by “hand gestures” is insufficient to constitute clear and convincing evidence of appellant’s positive and unequivocal consent to the search. Accordingly, we hold that the trial court erred in denying appellant’s motion to suppress evidence.”

   1 later decision quote this exact passage · from the majority
   e.g. Gallups v. State