People v. Carlson’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 56 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We conclude that a police officer in the course of a valid traffic stop may order the driver to get out of the car and walk to the rear of the vehicle ....”

   2 later decisions quote this exact passage
   e.g. People v. Chavez-Barragan · The People of the State of Colorado, Plaintiff-Appellant: v. Travis Roland Barnett. Defendant-Appellee:

2. “Roadside sobriety testing constitutes a full “search” in the constitutional sense of that term and therefore must be supported by probable cause. The sole purpose of roádside sobriety testing is to acquire evidence of criminal conduct on the part of the suspect ... To satisfy constitutional guarantees against unlawful searches and seizures, therefore, a roadside sobriety test can be administered only when there is probable cause to arrest the driver for driving under the influence of, or while his ability is impaired by, intoxicating liquor or other chemical substance, or when the driver voluntarily consents to perform the test. The People do not contend, nor did the courts below find, that there was probable cause to arrest the defendant prior to the administration of the roadside testing. The only basis relied upon by the officer in administering the roadside tests was the defendant’s alleged consent. A voluntary consent to a search is a consent intelligently and freely given, without any duress, coercion or subtle promises or threats calculated to flaw the free and unconstrained nature of the decision (cit. omitted). Voluntariness is a question of fact to be determined from the totality of circumstances; and while the suspect’s knowledge of a right to refuse testing is a factor to be taken into account, such knowledge is not a prerequisite to establishing the voluntary character of a consent search, (cit. omitted). In a consent search, the prosecution bears the burden of p”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Hopp

3. “A roadside sobriety test involves an examination and evaluation of a person’s ability to perform a series of coordinative physical maneuvers, not normally performed in public or knowingly exposed to public viewing, for the purpose of determining whether the person under observation is intoxicated.”

   1 later decision quote this exact passage · from the majority
   e.g. Hulse v. State, Department of Justice