People v. Paul’s Empirical Analysis

Citation profile

43 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . ‘ [I]t is correct to state that probable cause is a question of law to be decided by the trial court rather than the jury, ’ . . . this rule is applicable only where there is no conflict to be decided by the court [citations]. . . . ‘When the facts are controverted or the evidence conflicting, then the determination of their legal effect by the court is necessarily hypothetical, and the jury are to be told that if they find the facts in a designated way, then such facts do or do not amount to probable cause. (Citing eases.) ’ [Citation.] “In determining whether the issue of probable cause is one for the court or for the jury care must be taken to consider what types of conflicting evidence regarding probable cause require submission to the jury for determination of the facts upon which probable cause for arrest is based. This, because it is well established in our law that in determining this question, the court looks only at the facts and circumstances presented to the officer at the time he was required to act (People v. Kilvington, supra, [ 104 Cal. 86 ] p. 92-94 [ 37 P. 799 , 43 Am.St.Rep. 73 ] ; People v. Hupp, 61 Cal.App.2d 447, 449 [ 143 P.2d 84 ] ; Van Fleet v. West American Ins. Co., 5 Cal.App.2d 125, 129 [ 42 P.2d 378 , 43 P.2d 557 ] ; Murphy v. Murray, supra, [ 74 Cal.App. 726 ] p. 730 [ 241 P. 938 ]). The conflict must concern the existence of the facts and circumstances upon which the officer based the arrest, and not such conflicts as are created by subse”

   1 later decision quote this exact passage
   e.g. People v. Tyler