Luera v. State’s Empirical Analysis
1978
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently June 2000
17 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 United States v. Brignoni-Ponce · United States v. Martinez-Fuerte · Almeida-Sanchez v. United States · United States v. Ortiz · United States v. Barnard
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The question raised is whether the marihuana was lawfully seized. If the officer’s initial detention was reasonably justified, the search of the automobile was proper, since probable cause existed when the odor of marihuana was discovered. See Duff v. State, 546 S.W.2d 283 (Tex.Cr.App.1976); Tardiff v. State, 548 S,W.2d 380 (Tex.Cr.App.1977); Drago v. State, 553 S.W.2d 375 (Tex.Cr.App.1977). If the detention was unjustified, then the odor of marihuana would not have been detected; thus, the validity of the search would be tainted. See Leighton v. State, 544 S.W.2d 394 (Tex.Cr.App.1976); Amorella v. State, 554 S.W.2d 700 (Tex.Cr.App.1977); Scott v. State, 549 S.W.2d 170 (Tex.Cr.App.1976). The detention, if unlawful, may also have tainted appellant’s apparent voluntary consent to Search the trunk. See Armstrong v. State, 550 S.W.2d 25 (Tex.Cr.App.1976); Truitt v. State, 505 S.W.2d 594 (Tex.Cr.App.1973); Evans v. State, 530 S.W.2d 932 (Tex.Cr.App.1975); McDougald v. State, 547 S.W.2d 40 (Tex.Cr.App.1977).””
2 later decisions quote this exact passage“1. the characteristics of the area in which the officer encounters the vehicle, 2. the proximity to the border, 3. the usual patterns of traffic on the particular road, 4. officer’s previous experience in detecting illegal entry and smuggling, 5. information on recent illegal border crossings in the area, 6. the driver’s behavior, such as erratic driving or obvious attempts to evade officers, 7. physical aspects of the vehicle and the vehicle’s load, 8. an extraordinary number of passengers, their behavior, or persons trying to hide.”
1 later decision quote this exact passagee.g. Saenz 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.