State v. Bell’s Empirical Analysis

Citation profile

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

1. “For the several reasons that follow, the court agrees with the state’s argument that the reference made in R.C. 2933.51(S) to a “temporary, intermediate storage * * * incidental to the electronic transmission of the communication” is properly characterized as referring to a “real time” acquisition of electronic information upon transfer (i.e., wiretapping or electronic eavesdropping) as opposed to an after-the-fact seizure of stored information contained inside a computer. Even with a minority of federal courts rejecting a “rigid storage-transit dichotomy,” the period of time for which defendant apparently retained the seized prior communications in his computer demonstrates to this court’s satisfaction that it was indeed stored. Cf. In re Pharmatrak, Inc. (C.A.1, 2003), 329 F.3d 9 , 21; Potter v. Havlicek (Feb. 14, 2007), S.D. Ohio No. 3:06-CV-211, 2007 WL 539534 .”

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

2. “While Ohio courts have apparently been without occasion to expressly address the “temporary storage” of electronic communications incidental to their transmission, the state points out that the statutory definitions of the terms “intercept” and “electronic storage” mirror their federal counterparts. Compare R.C. 2933.51(C) and 2933.51(S) with Sections 2510(4) and 2510(17)(A), Title 18 U.S.Code.”

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