State v. Detroy’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Probable cause exists when the facts and circumstances within one's knowledge and of which one has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution to believe that an offense has been committed.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Mundon · VALENZONA v. Carlisle

2. ““Probable cause for [the] issuance of a search warrant may, of course, rest on reasonably trustworthy hearsay.” [State v.] Decano, 60 Haw. [205,] 210, 588 P.2d [909,] 914 [ (1978) ]; see also HRPP Rule 41(c) (“The finding of probable cause may be based upon hearsay evidence in whole or in part.”). But, when hearsay, such as an anonymous tip, is used to establish probable cause, this court applies the two prong test announced in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964), and expounded upon in Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969).[ 9 ] See, generally, Decano, 60 Haw. at 210, 588 P.2d at 913-14. Under this test, the affidavit must contain some of the underlying circumstances from which the informant concluded that the narcotics were where he claimed they were, and some of the underlying circumstances from which the officer concluded that the informant, whose identity need not be disclosed ... was “credible” or his information “reliable.” State v. Davenport, 55 Haw. 90, 93 , 516 P.2d 65, 68 (1973) (quoting Aguilar, 378 U.S. at 114 , 84 S.Ct. 1509 ) (emphasis added) (ellipsis points in original); see also Spinelli, 393 U.S. at 413 , 89 S.Ct. 584 . But, “when an informer’s tip is a necessary element of probable cause in a search warrant, its adequacy must turn on whether the tip alone passes the Aguilar test.” Davenport, 55 Haw. at 94 , 516 P.2d at 68-69 (emphasis added).... “The informer’s report[, then,] must ”

   1 later decision quote this exact passage · from the majority
   e.g. Carlisle ex rel. State v. Ten Thousand Four Hundred Forty-Seven Dollars in United States Currency ($10,447.00)

3. “As the ultimate judicial tribunal with final, unreviewable authority to interpret and enforce the Hawai'i Constitution, we are free to give broader protection than that given by the federal constitution.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Cuntapay