DeLao v. State’s Empirical Analysis
1977
Citation profile
32 state decisions
How this case has been cited
Cited by 33 later decisions (1 by the Supreme Court) — most recently April 2015 · most notably Texas v. Brown (1983), 165 W. Va. 837 - State v. Moore (1980)
32 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 Chimel v. California · Coolidge v. New Hampshire · Sedillo v. United States · Nicholas v. State · Smith v. State
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The State urges that it is a well known fact that heroin is kept in balloons. The officer's testimony, however, does not demonstrate that he was cognizant of this `well known' fact or immediately aware that heroin was in the balloon at the time of the seizure. The seizure must be based on what was known by the officer at the time he acted, yet this record contains not a scintilla of evidence that the officer knew what the State now alleges in its brief on appeal is a `well known' fact. The burden was on the State to show facts authorizing the seizure here challenged. Had the State produced any evidence on this issue, there might have been shown a basis for its claim on appeal, but this was not done." (Citations omitted.) (Emphasis supplied.)”
4 later decisions quote this exact passagee.g. Reeves v. State · Gonzales v. State“In the instant case, the officers had, prior to examining the negatives, neither knowledge nor mere suspicion of an offense related to the film. What was in “plain view” in the apartment was not evidence of any crime or criminal behavior. It was not contraband or fruits or instrumentalities of any offense about which they knew or suspected upon entering the apartment. The officers did not inadvertently come across a piece of evidence incriminating the accused. The negatives were not incriminating until after the officers had examined them. Thus, it was not “immediately apparent” to the officers that they had evidence before them. (Citation and footnotes omitted.)”
1 later decision quote this exact passagee.g. Howard v. State“Officer Maples had to know that 'incriminatory evidence was before him when he seized the balloon.'”
1 later decision quote this exact passagee.g. Texas v. Brown
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.