State v. Smith’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If the warrant was properly issued the search in response thereto was a proper search and seizure and the fact that the premises may have been illegally secured does not operate to nullify the effect of the search warrant. The fact that defendant or his friends were deprived of the opportunity to destroy the evidence while the officers went to obtain a search warrant does not make the warrant infirm as Justice Cole in his dissent stated: “ ‘It is stultifying to suggest that a causal link between illegal detention and seizure under the warrant exists because petitioner * * * was deprived of the opportunity to destroy the marijuana and amphetamines.’ Shuey v. Superior Court for County of Los Angeles, 30 Cal.App.3d 535, 547 , 106 Cal. Rptr. 452, 460, n.1 (1973). “Also we do not find the officers’ actions herein in securing the premises were such that they should be disapproved by this court. “It may well be that had the facts been developed on this point that the officer, on the basis of exigent circumstances, would have had the right to search the premises without first obtaining a warrant. Instead he chose to secure the premises and seek out a magistrate for a warrant. The officers’ actions were preferable to searching the premises without a warrant and complied with both the letter and the spirit of the law.” 544 P.2d at 216 (emphasis added).”

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