State v. Arroyo’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In this regard, we note Arroyo did not contest the State’s argument at the suppression hearing that he voluntarily consented to the search of his truck. Arroyo, through his counsel[,] stipulated that he consented to the search. Arroyo’s counsel objected when the State attempted to offer evidence to establish Arroyo’s consent was voluntary, claiming it was not relevant as the only issue was whether the original stop was a pretext. As a result, the trial court limited testimony concerning the circumstances surrounding Arroyo’s consent. The trial judge specifically found that Arroyo consented to the search of his truck, and there is nothing in the record to contradict this finding. For the first time on appeal, counsel now argues that Arroyo’s consent was not voluntary as there was no “break in the causal connection between the illegality and the evidence thereby obtained.” United States v. Recalde, 761 F.2d 1448, 1458 (10th Cir.1985). However, this argument should have been made below. A defendant cannot mislead the State and the court by stipulating that consent was given, thus preventing the State from exploring the circumstances of the consent, and then argue for the first time on appeal that the consent given was not voluntary. Based on these circumstances, we conclude that defendant’s stipulation included that the consent was given voluntarily.”

   1 later decision quote this exact passage
   e.g. State v. Arroyo

2. “we afford no deference and apply a correction of error standard.”

   1 later decision quote this exact passage
   e.g. State v. Sykes