95 Cal. App. 3d 972 - People v. Fields’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When the police `ask' someone to perform an act which facilitates their access, as distinguished from asking permission to search, it cannot be said there has been no implicit assertion of authority. Especially is that so when one's companion is suspected of a robbery and the police have shown their weapons. The importance of asking permission, as an indicia of voluntariness, was explained in People v. James (1977) 19 Cal.3d 99 , 116 [ 137 Cal. Rptr. 447 , 561 P.2d 1135 ]: `”

   1 later decision quote this exact passage
   e.g. 120 Cal. App. 3d 218 - In Re DMG

2. “Consent, in law, means a voluntary agreement by a person in the possession and exercise of sufficient mentality to make an intelligent choice, to do something proposed by another ... [Assent] means mere passivity or submission, which does not include consent.”

   1 later decision quote this exact passage
   e.g. People v. Ling

3. “The mere asking of permission to enter and make a search carries with it the implication that the person can withhold permission for such an entry or search.”

   1 later decision quote this exact passage
   e.g. 120 Cal. App. 3d 218 - In Re DMG