Avery v. State’s Empirical Analysis
1973
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently May 1999 · most notably McClain v. State (1974), Evans v. State (1976)
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 Glasser v. United States · Chimel v. California · Holland v. United States · Preston v. United States · Harris v. United States
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is established that once a person is lawfully arrested, the arresting officers have the right, without a search warrant, to search ‘the arrestee’s person and the area “within his immediate control.” .’ for weapons and destructible evidence of the crime. The area of the pillow was well within the range of Avery’s immediate control at the time of his arrest. We think that under the circumstances [the officer] . . . was justified in searching beneath the pillow in order to protect himself . . . , 10 (footnotes omitted)”
1 later decision quote this exact passagee.g. Weltin v. State“When a sentence is appealed, we will make our own examination of the record and will modify the sentence if we are convinced that the sentencing court was clearly mistaken in imposing the sanction it did. (footnote omitted) See also McClain v. State, 519 P.2d 811 (Alaska 1974); Avery v. State, 514 P.2d 637, 646 (Alaska 1973); Stevens v. State, 514 P.2d 3, 6 (Alaska 1973); Johnson v. State, 511 P.2d 118, 126 (Alaska 1973); Asitonia v. State, 508 P.2d 1023 (Alaska 1973).”
1 later decision quote this exact passagee.g. Roehl v. State“It is established that once a person is lawfully arrested, the arresting officers have the right, without a search warrant, to search ‘the arrestee’s person and the area “within his immediate control” . . . ’ for weapons and destructible evidence of the crime.”
1 later decision quote this exact passagee.g. Layland v. State
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.