State v. Herring’s Empirical Analysis
1966
Citation profile
32 state decisions
How this case has been cited
Cited by 32 later decisions — most recently May 1988 · most notably State v. Cohen (1985), State v. Aull (1967)
32 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
Relies on Johnson v. Zerbst · Mapp v. Ohio · Schmerber v. State of California · Johnson v. United States · Weeks v. United States
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Valid consent to search must be voluntary and with no duress or coercion, actual or implied. * * * The burden of proving voluntariness is on the state, * * * and that burden is particularly heavy when the accused is under arrest. * * * Although the fact that consent is given while in custody or under arrest is clearly a factor to consider, we do not believe that such a situation makes voluntary consent impossible. * * * ””
2 later decisions quote this exact passage · from the majoritye.g. State v. Mann · State v. Romero““ ‘ * * * This right to search and seize without a search warrant extends to things under the accused’s immediate control, * * * and, to an extent depending upon the circumstances of the case, to the place where he is arrested,”
1 later decision quote this exact passage · from the majoritye.g. State v. Sedillo
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.