Nilson v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Courts considering this issue after Greenwood have overwhelmingly held that whether the garbage is located within the home’s curtilage is not the determining factor. As one court noted, ‘[w]hether the officers violated the Fourth Amendment does not depend solely on curtilage.’ United States v. Long, 176 F.3d 1304, 1308 (10th Cir. 1999). In Long , the garbage seized was on top of a trailer with a camper shell between the garage and the alley. Atop the trailer was the regular location where Long placed his garbage for pickup. The court held the trailer was located outside the curtilage of the residence. Id. Further, the court concluded, even if the trash bags were within the curti-lage of the residence, they were readily accessible and visible from a public thoroughfare, thus defeating Long’s Fourth Amendment claim. Id. at 1309 . “In United States v. Hedrick, 922 F.2d 396 (7th Cir.1991), Hedrick’s garbage was located halfway up the driveway of his home, somewhat nearer the sidewalk than the garage. The court concluded that Hedrick’s garbage was located within the curtilage of his home. Id. at 400 . However, the inquiry did not stop there. The court held that the ‘proper focus under Greenwood is whether the garbage was readily accessible to the public so as to render any expectation of privacy objectively unreasonable.’ Id. at 400. ‘Garbage placed where it is not only accessible to the public but likely to be viewed by the public is “knowingly exposed” to the public for Fourth ”

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