State v. Garcia’s Empirical Analysis
1995
Citation profile
15 state decisions
How this case has been cited
Cited by 15 later decisions — most recently March 2022
15 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
Applies 18 U.S.C. § 3109
Relies on Miller v. United States · Sabbath v. United States · AIG Hawaii Insurance v. Estate of Caraang · 78 Ill. 2d 511 - People v. Ouellette · 69 Ill. 2d 154 - People v. Wolgemuth
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he officer charged with the warrant, if a house, store, or other building is designated as the place to be searched, may enter it without demanding permission if the officer finds it open. If the doors are shut the officer must declare the officer’s office and the officer's business, and demand entrance. If the doors, gates, or other bars to the entrance are not immediately opened, the officer may break them. When entered, the officer may demand that any other part of the house, or any closet, or other closed place in which the officer has reason to believe the property is concealed, may be opened for the officer’s inspection, and if refused the officer may break them.”
6 later decisions quote this exact passagee.g. State v. Quesnel · State v. Dixon“Whenever it is necessary to enter a house to arrest an offender, and entrance is refused, the officer or person making the arrest may force an entrance by breaking doors or other barriers. But before breaking any door, the officer or person shall first demand entrance in a loud voice, and state that the officer or person is the bear er of a warrant of arrest; or if it is a ease in which arrest is lawful without warrant, the officer or person shall substantially state that information in an audible voice.”
2 later decisions quote this exact passagee.g. State v. Dixon · State v. Harada“[Tjhe amount of time allowed to lapse between announcement and entry is relevant in determining the reasonableness of the officers’ conduct in executing a search warrant. It follows, then, that a person should be afforded sufficient opportunity to respond to authority before a forcible entry is made. Thus, even where the operative statute does not require the officers to demand entrance, a reasonable amount of time to respond must be given to the occupants. Hence, one commentator has summed up the rule as follows: “An officer must wait a reasonable period of time before he or she may break and enter into the premises to be searched. That is, the occupant must be given a reasonable opportunity to surrender his or her privacy voluntarily.” 2 W.Lafave Search and Seizure § 4.8(c), at 278 (1987) (footnote omitted).”
1 later decision quote this exact passagee.g. State v. Harada
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.