63 Okla. Crim. 428 - Ketcham v. State’s Empirical Analysis

Citation profile

4 state decisions

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

1. ““Manual custody or restraint is not essential to the effectuation of an arrest, if the person claiming to have been arrested submits to a manifestation or claim of authority to malte the arrest, and an expression of intent to execute such authority. “An unlawful arrest may be effected without manual seizure or touching of the subject of the arrest, such words and conduct by a known officer as given reasonable ground for belief on the part of the subject that the officer has present intention to make the arrest, and submission on the part of the subject in good faith, and under the belief that she has been arrested or will be arrested immediately, is sufficient. “Search implies an invasion and quest, with some sort of force, either actual or constructive. “A ‘search,’ within constitutional immunity from unreasonable search and seizure, implies a quest by an offi cer of the law acting on the things themselves, which quest may be secret, intrusive, or accomplished by force. “The search of defendant’s automobile without a warrant of arrest, or search warrant, or knowledge of the officers that it contained intoxicating liquor, following her unlawful arrest, held to be an unlawful and unreasonable search, requiring exclusion of evidence obtained thereon in prosecution of defendant for unlawfully transporting intoxicating liquor.””

   1 later decision quote this exact passage
   e.g. 74 Okla. Crim. 322 - Patty v. State