State v. Richerson’s Empirical Analysis
1975
Citation profile
4 federal appellate · 53 state decisions
How this case has been cited
Cited by 61 later decisions (2 by the Supreme Court) — most recently September 2017 · most notably State v. Simpson (1993), State v. Gutierrez (1993)
4 federal appellate · 53 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 Mapp v. Ohio · Schmerber v. State of California · Wolf v. People of the State of Colorado · United States v. Dionisio · Breithaupt v. Abram
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If a person under arrest for violation of an offense enumerated in the Motor Vehicle Code ... refuses upon request of a law enforcement officer to submit to chemical tests designated by the law enforcement agency as provided in section 66-8-107 NMSA 1978, none shall be administered except when a municipal judge, magistrate or district judge issues a search warrant authorizing chemical tests as proyided in section 66-8-107 NMSA 1978 upon his finding in a law enforcement officer’s written affidavit that there is probable cause to believe that the person has driven a motor vehicle while under the influence of alcohol or a controlled substance, thereby causing the death or great bodily injury of another person, or there is probable cause to believe that the person has committed a felony while under the influence of alcohol or a controlled substance and that chemical tests as provided in section 66-8-107 NMSA 1978 will produce material evidence in a felony pros ecution, 3”
2 later decisions quote this exact passage“the warrantless search of the defendant was justified because, (a) it was made incident to a lawful arrest, (b) plaintiff smelled of liquor, and (c) the police officer was confronted with an emergency due to the progressive diminution of the blood alcohol level during the time interval incident necessary to obtain a search warrant.”
1 later decision quote this exact passage“Consent of person incapable of refusal not withdrawn. Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by Section 66-8-107 NMSA 1978, and the test or tests designated by the law enforcement officer may be administered.”
1 later decision quote this exact passagee.g. State v. Wyrostek
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.