DIAZ v. the STATE.’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A consent to search will normally be held voluntary if the totality of the circumstances fails to show that the officers used fear, intimidation, threat of physical punishment, or lengthy detention to obtain the consent. The trial court may also consider as factors in its analysis prolonged questioning, the accused's age, level of education, intelligence, and advisement of constitutional rights; and the psychological impact of these factors on the accused. ... [T]he court should consider whether a reasonable person would feel free to decline the officers' request to search or otherwise terminate the encounter.”

   1 later decision quote this exact passage
   e.g. 347 Ga. App. 675 - MARTINEZ v. the STATE.

2. “In general, searches are of two types: those conducted with a search warrant or those undertaken without one, and searches conducted outside the judicial process are per se unreasonable under the Fourth Amendment, subject only to a few specifically established and well-delineated exceptions.”

   1 later decision quote this exact passage
   e.g. 347 Ga. App. 675 - MARTINEZ v. the STATE.

3. “when relying on the consent exception to the warrant requirement, the State has the burden of proving that the accused acted freely and voluntarily under the totality of the circumstances.”

   1 later decision quote this exact passage
   e.g. 347 Ga. App. 675 - MARTINEZ v. the STATE.