52 Wis. 2d 435 - Mears v. State’s Empirical Analysis
1971
Citation profile
25 state decisions
How this case has been cited
Cited by 26 later decisions — most recently July 2012 · most notably 73 Wis. 2d 400 - State v. Killory (1976), 217 Wis. 2d 531 - State v. Kieffer (1998)
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 Coolidge v. New Hampshire · Sedillo v. United States · Abel v. United States · Stoner v. California · Frazier v. Cupp
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““. . . *. . . well established that where two persons have equal rights to the use or occupancy of premises either may give consent to a search and the evidence thus disclosed can be used against either of them.’ “. . . where a young woman, not his wife, with whom the defendant, a married man, was living voluntarily consented to a police search of the premises without a warrant, the Seventh Circuit United States Court of Appeal's held the search to be constitutionally proper, stating: “ ‘The defendant’s argument that Miss Hilan’s consent could not affect his right to be free from unreasonable searches must also be rejected. In United States v. Sferas, supra, 210 F. 2d at 74, we acknowledge the rule that “where two persons have equal rights to the use or occupation of premises, either may give consent to a search, and the evidence thus disclosed can be used against either.” The rule has been applied by other courts to searches following consent given by the wife of the defendant, e. g. Roberts v. United States, 332 F. 2d 892 (8th Cir. 1964), cert. denied, 380 U. S. 980 , 85 S. Ct. 1344 , 14 L. Ed. 2d 274 (1965) and by a woman standing in the position of the defendant’s wife, Nelson v. People of State of California, 346 F. 2d 73, 77 , (9th Cir.), cert. denied, 382 U. S. 964 , 86 S. Ct. 452 , 15 L. Ed. 2d 367 (1965). The considerations most applicable to the third person’s consent in such cases are not related to principles of agency connecting the defendant with the person acqu”
3 later decisions quote this exact passage“. . This court has defined a search as an examination of one’s premises or person that ‘. . . implies exploratory investigation or quest,’ and also, *. . . implies a prying into hidden places for that which is concealed.’”
1 later decision quote this exact passage
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.