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← 632 SO2D 798 - State v. Irby

State v. Irby’s Empirical Analysis

1994

Citation profile

6
cited by 6 later decisions
1
states following
June 2008
most recently cited

6 state decisions

Relationships

Relies on Terry v. Ohio · Yagow v. United States · Cryts v. French · Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. · State v. Wilson

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

  1. “|7In order to rely upon the consent exception to the warrant requirement, the State must prove that the consent was freely and voluntarily given. See State v. Wilson, 467 So.2d 503 (La.1985), cert den. Wilson v. Louisiana, 474 U.S. 911 , 106 S.Ct. 281 , 88 L.Ed.2d 246 (1985); State v. Brown, 598 So.2d 565 (La.App. 4th Cir.1992), writ den. 605 So.2d 1092 (1992); State v. Valenzuela, 590 So.2d 89 (La.App. 4th Cir.1991) writ den. 593 So.2d 380 (1992), cert. den. Valenzuela v. Louisiana, [506] U.S. [843], 113 S.Ct. 130 , 121 L.Ed.2d 84 (1992). The volun-tariness of consent is a question of fact to be determined by the district court under the facts and circumstances of each case, and its determination is entitled to great weight on review. Wilson; State v. Ossey, 446 So.2d 280 (La.1984), cert. den. Ossey v. Louisiana, 469 U.S. 916 , 105 S.Ct. 293 , 83 L.Ed.2d 228 (1984); Valenzuela.”
    3 later decisions 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.