Cates v. State’s Empirical Analysis

Citation profile

2 federal appellate · 18 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) allege deliberate falsehood or reckless disregard for the truth by the affiant, specifically pointing out the portion of the affidavit claimed to be false; (2) accompany these allegations with an offer of proof stating the supporting reasons; and (3) show that when the portion of the affidavit alleged to be false is excised from the affidavit, the remaining content is insufficient to support the issuance of the warrant.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Jorge Louis Verde · Renteria v. State

2. “When a challenge is made as to whether a search warrant affidavit is legally sufficient to show probable cause, the trial court is limited to the “four corners” of the affidavit. This is entirely different from a challenge to the truthfulness of a warrant affidavit and whether the affi-ant made knowing misrepresentations to establish probable cause. When the defendant challenges the warrant affidavit on the ground that it contains known falsehoods, as is the case here, the trial court is not limited to the “four comers” of the affidavit. Limiting a falsity challenge to the four corners of the warrant affidavit negates the underlying challenge and raises serious due process concerns. Thus, if a defendant has made a substantial preliminary showing of deliberate falsity, the trial court is required to go behind the “four corners” of the affidavit in a Franks evidentiary hearing.”

   1 later decision quote this exact passage · from the majority
   e.g. Davis v. State

3. “[Njothing in our law requires the defendant to include a sworn affidavit in making a preliminary showing under Franks.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Jorge Louis Verde