State v. Barwick’s Empirical Analysis
1971
Citation profile
2 federal appellate · 21 state decisions
How this case has been cited
Cited by 23 later decisions — most recently February 2014
2 federal appellate · 21 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 59 Cal. 2d 713 - People v. Haven · Taglavore v. United States · 60 Wash. 2d 638 - State v. Michaels · People v. Henry · 68 Cal. 2d 629 - People v. Johnson
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A' study of the facts of appellant’s arrest for vagrancy and the events prior thereto convinces us that the arrest was merely a sham for the officers’ real purpose which was to gather evidence in their investigation of the robbery. No evidence whatever appears in the record which would even hint at there being any probable cause for this armrest and the state so concedes in its brief. Appellant testified that when he was told he was being "arrested for vagrancy, he then informed Officer Ayars that he was employed, he had a home, and had money with him at the time and this was corroborated by the officer. Furthermore, the search in the police station revealed that each suspect indeed did have a substantial amount of cash with him, yet they were booked on the vagrancy charge. * * * Activity such as this by the police is entirely inimical to basic constitutional standards for arrest and search and simply cannot be countenanced.” State v. Barwick, 94 Idaho 139, 141 , 483 P.2d 670, 672-673 (1971). See also Brumley v. State (Okl. Cr.), 484 P.2d 554 (1971).”
1 later decision quote this exact passagee.g. State v. Miller“Generally where a person has consented to a search this removes a later objection that it was conducted without warrant. However, where the consent and search are accompanied by an illegal arrest, the events are so intertwined, one with the other, that the consent does not expunge the taint of the illegal arrest. [Citations omitted.] Since the search and the prior consent here were associated with an illegal arrest, the search was also illegal and none of the evidence discovered should have been admitted.”
1 later decision quote this exact passagee.g. State v. Weber“[w]here a judgment has been vacated, it is a nullity and the effect is as if it had never been rendered at all.”
1 later decision quote this exact passagee.g. State v. Cliett
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.