State v. Walker’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “because [the husband and wife] were cohabitants and both present during the search, [the wife's] consent to the search was invalid as to [the husband].”

   3 later decisions quote this exact passage
   e.g. State v. Thompson · State v. Hoggatt

2. “Where the police have obtained consent to search from an individual possessing, at best, equal control over the premises, that consent remains valid against a cohabitant, who also possesses equal control, only while the cohabitant is absent. However, should the cohabitant be present and able to object, the police must also obtain the cohabitant’s consent.[ 25 ]”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Hoggatt

3. “While our decision in Leach supports the notion that one's otherwise voluntary consent to a search is not valid as against a cohabitant of the premises who is present when the search is conducted, it does not support the view that this consent is not valid as against the consenting person.”

   1 later decision quote this exact passage
   e.g. State v. Hoggatt