8 Va. App. 532 - Limonja v. Commonwealth’s Empirical Analysis
1989
Citation profile
97 state decisions
How this case has been cited
Cited by 98 later decisions — most recently April 2019 · most notably State v. Dickey (1998), 23 Va. App. 394 - Shears v. Commonwealth (1996)
97 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 Terry v. Ohio · Schneckloth v. Bustamonte · Florida v. Royer · Brown v. Illinois · New York v. Belton
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 98 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hen the subject of a search is not in custody and the State attempts to justify a search on the basis of his consent, the Fourth and Fourteenth Amendments require that it demonstrate that the consent was in fact voluntarily given, and not the result of duress or coercion, express or implied. Voluntariness is a question of fact to be determined from all the circumstances, and while the subject’s knowledge of a right to refuse is a factor to be taken into account, the prosecution is not required to demonstrate such knowledge as a prerequisite to establishing a voluntary consent.”
2 later decisions quote this exact passage“`diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly, during which time it was necessary to detain the defendant.'”
2 later decisions quote this exact passage“The evidence in this case adequately establishes that Limonja and Brooks voluntarily and intelligently consented to a search of the vehicle. [The officer] approached the defendants’ vehicle and explained to them that he had stopped them because the operator had run the automatic tollbooth. At that point [the officer] asked for permission to search the vehicle. Both defendants gave oral consent, first Limonja and then Brooks. [The officer] had them exit the car and stand to the rear in order to be away from traffic. The search was not made upon any claim of authority by the police; there was no show of force by the police; there were no threats; the defendants have claimed no mental or emotional infirmity nor does the record disclose any; and there has been no deception as to identity or purpose on behalf of the police. Furthermore, [the officer’s] failure to inform the defendants of their fourth amendment protections or their right to refuse consent does not render the consent involuntary.”
1 later decision quote this exact passage
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.