48 Wash. App. 583 - State v. Berber’s Empirical Analysis
1987
Citation profile
25 state decisions
How this case has been cited
Cited by 27 later decisions — most recently May 2018 · most notably 123 Wash. 2d 173 - State v. Young (1994), 110 Wash. 2d 706 - State v. Murray (1988)
25 state decisions
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 Katz v. United States · Rakas v. Illinois · Smith v. Maryland · Oliver v. United States · 106 Wash. 2d 54 - State v. Gunwall
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, has an individual by his or her conduct exhibited a subjective expectation of privacy in a particular place or object? Katz v. United States, 389 U.S. 347, 361 , 19 L. Ed. 2d 576 , 88 S. Ct. 507 (1967) [(Harlan, J., concurring)]. Second, is the individual's subjective expectation of privacy one that society is prepared to recognize? Katz, 389 U.S. at 361 . Put another way, were the individual's subjective expectations, when viewed objectively, justified under the circumstances?”
1 later decision quote this exact passage · from the concurrence“These considerations are: (1) society’s belief that certain areas are ordinarily understood to afford personal privacy; (2) the character of the area in which the claimed privacy interest is asserted; (3) the way in which the area is used; and (4) the method, means, or manner by which the government agents intrude in the area. [Id. at 588, 740 P.2d 863 ]”
1 later decision quote this exact passage · from the concurrencee.g. State v. Boynton“[T]here is a twofold requirement, first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as `reasonable.'”
1 later decision quote this exact passage · from the concurrence
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.