113 Tex. Crim. 104 - Swanson v. State’s Empirical Analysis
1929
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently January 2008
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“From the evidence heard it appears that on November 16th the officer who had said warrant, under permission of the issuing magistrate, changed the date of issuance thereof from November 10th to November 16th, and at the same time and with the same permission, he inserted in the affidavit matters further descriptive of the automobile alleged to belong to appellant. Article 317, Code Cr. Proc. 1925, plainly and positively says of a search warrant that it must be executed within three days from date of issuance, and this mandate of the statute was embodied and made part of the warrant in this case. Three full days after date of issuance on November 10th, 1928 3 , said warrant became functus offi-cio, and we perceive no way by which life could be injected into it thereafter. * * * Under the facts before us in this case, we must hold the warrant invalid, and the search, insofar as its legality depended on the warrant, to be also unauthorized.”
1 later decision quote this exact passagee.g. Green v. State“Art. 18.06. Execution of Warrants (a) A peace officer to whom a search warrant is delivered shall execute it without delay and forthwith return it to the proper magistrate. It must be executed within three days from the time of its issuance, and shall be executed within a shorter period if so directed in the warrant by the magistrate. ****** Art. 18.07. Days Allowed for Warrant to Run. The time allowed for the execution of a search warrant shall be three whole days, exclusive of the day of its issuance and of the day of its execution. The magistrate issuing a search warrant under the provisions of this chapter shall endorse on such search warrant the date and hour of the issuance of the same.”
1 later decision quote this exact passagee.g. Gonzalez v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.