State v. Johnson’s Empirical Analysis

Citation profile

2 federal appellate · 66 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “mutual use of the property by persons generally having joint access or control for most purposes, so that it is reasonable to recognize that any of the co-inhabitants has the right to permit the inspection in his own right and that the others have assumed the risk that one of their number might permit the common area to be searched.”

   5 later decisions quote this exact passage · from the dissent
   e.g. State v. Hansen · State v. McCaughey

2. “[F]ederal and state constitutions derive their power from independent sources. It is thus readily apparent that state courts are at liberty to find within the provisions of their own constitutions greater protection than is afforded under the federal constitution as interpreted by the United States Supreme Court. See Oregon v. Hass, 420 U.S. 714, 719 , 95 S.Ct. 1215, 1219 , 43 L.Ed.2d 570 (1975). This is true even when the constitutional provisions implicated contain similar phraseology. Long gone are the days when state courts will blindly apply United States Supreme Court interpretation and methodology when in the process of interpreting their own constitutions.”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Ryan · State v. Thompson

3. “[i]f the state were to have its way on this point, it would apparently argue that the following scenario is outside constitutional protection: A private citizen ransacks a home, claiming to be in search of contraband. Upon discovering the alleged contraband, the citizen calls in the police who conduct a second ransacking of the home, looking and searching everywhere and inspecting everything as did the citizen. According to the state, because the officer is only “viewing” the citizen’s efforts — “merely” retracing the citizen’s footsteps — such government activity is outside the purview of federal and state constitutional protections. Such an aberrational view is not harmonious with what the framers of our federal and state constitutions intended when they put these protections into our constitutions, and we so hold. [Id. at 1293.]”

   1 later decision quote this exact passage
   e.g. State v. Ricky Wright (073137)