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← 809 So. 2d 923 - State v. Brisban

809 So. 2d 923 - State v. Brisban’s Empirical Analysis

2002

Citation profile

79
cited by 79 later decisions
4
states following
July 2018
most recently cited

79 state decisions

Relationships

Relies on Payton v. New York · Beck v. State of Ohio · Oliver v. United States · Roaden v. Kentucky · 446 So. 2d 729 - State v. Prudholm

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

  1. “Warrantless entries into the home for arrest or seizure are invalid in the absence of exigent circumstances. Pay- ton v. New York, 445 U.S. 573 , 100 S.Ct. 1371 , 63 L.Ed.2d 639 (1980). The Fourth Amendment has drawn a firm line at the entrance to the home, and a police officer therefore needs both probable cause to arrest or search and exigent circumstances to justify a non-consensual warrantless intrusion into a private premises. State v. Talbert, 449 So.2d 446 (La.1984); State v. Hathaway, 411 So.2d 1074 (La.1982).”
    3 later decisions quote this exact passage
  2. “[e]xigent circumstances may arise from the need to prevent the offender's escape, minimize the possibility of a violent confrontation which could cause injury to the officers and the public, and preserve evidence from destruction or concealment.”
    3 later decisions quote this exact passage
  3. “an almost implicit understanding and custom in this country that, in the absence of signs or warning, a residence may be approached and occupants summoned to the door by knocking,”
    3 later decisions 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.