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← 685 P2D 1275 - McCracken v. State

McCracken v. State’s Empirical Analysis

1984

Citation profile

12
cited by 12 later decisions
3
states following
September 2001
most recently cited

2 federal appellate · 1 district · 9 state decisions

How this case has been cited

Cited by 12 later decisions — most recently September 2001

2 federal appellate · 1 district · 9 state decisions

90198419902000decided

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 Schmerber v. State of California · Camara v. Municipal Court of City and County of San Francisco · See v. City of Seattle · United States v. Dionisio · Davis v. Mississippi

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

  1. ““[Defendant’s] argument confuses a legal concept, ‘consent’, with a factual concept, ‘cooperation’ or ‘assent.’ The two are substantially different. Consent in the constitutional sense is only required where the defendant has a legal right to refuse. As we have seen, a legally arrested defendant has no constitutional right to refuse a breathalyzer examination. True, he may fail to cooperate or give his assent to a breath test as a matter of fact, but failure to cooperate does not create a legal right where it would otherwise not exist.””
    2 later decisions quote this exact passage · from the concurrence

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.