State v. Wagoner’s Empirical Analysis

Citation profile

2 district · 52 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the State conducts a search without a warrant and without sufficient grounds for an exception to the warrant requirement, we will suppress the evidence to effectuate in the pending case the constitutional right of the accused to be free from unreasonable search and seizure. This recognition of the constitutional nature of the exclusionary rule is based in large part on our Supreme Court’s strong preference for the protections afforded by the warrant process.”

   3 later decisions quote this exact passage
   e.g. State v. Trudelle · State v. Rivera

2. “In this case and cases like it, application of the independent source exception would allow a non-compliant officer to take a shortcut and circumvent the warrant requirement merely to confirm suspicions and then bolster the affidavit for a later warrant, knowing that the search pursuant to the later warrant will stand so long as the magistrate agrees that the warrant would have issued without the illegally obtained information. This is bad policy and runs contrary to the stated purpose of the exclusionary rule under the State Constitution.”

   2 later decisions quote this exact passage
   e.g. State v. Trudelle · State v. Trudelle

3. “[w]e believe that Article II, Section 10 of the New Mexico Constitution prohibits us from retroactively and hypothetically correcting the errors of the police at the expense of a defendant's right to be free from an unreasonable search and seizure. Where the [S]tate has transgressed the constitutional rights of a person accused of a crime, we will not sanction that conduct by turning [a blind eye]. . . . [S]uppression is necessary to effectuate Defendant's constitutional rights.”

   2 later decisions quote this exact passage
   e.g. State v. Trudelle · State v. Trudelle