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← 52 KANAPP2D 344 - State v. Toliver

State v. Toliver’s Empirical Analysis

2016

Citation profile

2
cited by 2 later decisions
1
states following
May 2018
most recently cited

2 state decisions

Relationships

Relies on Hudson v. Palmer · Griffin v. Wisconsin · United States v. Knights · Samson v. California · State v. Thompson

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

  1. “"defines the diminished privacy interests of Kansas parolees and sets the * parameters by which a parolee may be subject to a reasonable search and seizure under the Fourth Amendment. Consistent with the diminished privacy interests, K.S.A. 2014 Supp. 22-3717(k)(2) allows KDOC parole officers to subject parolees to suspicionless searches and seizures. The statute does not, however, empower KDOC parole officers to further infringe upon the privacy expectations of parolees by sanctioning the suspicionless searches of their residences and other property under their control as provided by the Parole Agreement . As a result, the variance between K.S.A. 2014 Supp. 22-3717(k)(2) and Toliver's Parole Agreement is consequential. While the Kansas Legislature has clearly authorized suspicionless searches of a parolee, it has not authorized suspicionless searches of the parolee's residence or property." (Emphasis added.) Toliver , 52 Kan. App. 2d at 358 -59 , 368 P.3d 1117 .”
    1 later decision quote this exact passage · from the dissent
  2. “"(2) Parolees and persons on postrelease supervision are, and shall agree in writing to be, subject to search or seizure by a parole officer or a department of corrections enforcement, apprehension and investigation officer , at any time of the day or night, with or without a search warrant and with or without cause. Nothing in this subsection shall be construed to authorize such officers to conduct arbitrary or capricious searches or searches for the sole purpose of harassment." (Emphasis added.) K.S.A. 2014 Supp. 22-3717(k)(2).”
    1 later decision quote this exact passage
  3. “(2) Parolees and persons on postrelease supervision are, and shall agree in writing to be, subject to search or seizure by a parole officer or a department of corrections enforcement, apprehension and investigation officer , at any time of the day or night, with or without a search warrant and with or without cause. Nothing in this subsection shall be construed to authorize such officers to conduct arbitrary or capricious searches or searches for the sole purpose of harassment.”
    1 later decision quote this exact passage · from the dissent

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.