State v. Trujillo’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Barring a hypertechnical reading of the affidavit, an inference that the residence described is the same as the residence where evidence can be found, is much more reasonable than its opposite-that the residence described in such painstaking detail actually has no relationship to the events of this case. We think the reviewing judge was well within his rights to draw the rational inference and avoid the irrational. Understandably, the reviewing judge was concerned that ''there was no indication in the affidavit that Defendant lived at this address, that he was presently at that address or had been at that address sometime in the past.'' However, considered in context, what else could the detective have intended to say? More significant still, what other inference could the issuing judge reasonably have come to? Simply put, it is a stretch to draw the opposite inference; one must work hard not to infer that [the address listed in the affidavit] is ''the residence'' where all these criminal acts occurred and where incriminating evidence can be found. Deference is due under the circumstances, and his decision to issue the warrant is supported by a substantial basis in the record.”

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

2. “is the only logical conclusion supported by a common-sense reading of the affidavit.”

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