State v. Blow’s Empirical Analysis
1991
Citation profile
2 district · 48 state decisions
How this case has been cited
Cited by 52 later decisions — most recently November 2019 · most notably State v. Kotis (1999), State v. Morris (1996)
2 district · 48 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Katz v. United States · Payton v. New York · Jones v. United States · Olmstead v. United States · United States v. White
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“deeply-rooted legal and societal principle that the coveted privacy of the home should be especially protected”
3 later decisions quote this exact passage · from the concurrence“[T]he test requirements are “first that a person ha[s] exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’” Kirchoff makes it clear that privacy expectations do not necessarily decline as surveillance technology advances. Kirchoff, 156 Vt. at 12-13 , 587 A.2d at 996 . The reasonableness inquiry hinges on the essence of underlying constitutional values — including respect for both private, subjective expectations and public norms.”
2 later decisions quote this exact passage · from the concurrencee.g. State v. Geraw · State v. Brooks“In assessing the constitutionality of technologically enhanced government surveillance in a particular case, we must identify the values that are at risk, and vest the reasonable-expectation-of-privacy test with those values. In the instant case, defendant’s conversation with the informant took place in defendant’s home, and there is no indication in the record to suggest that he expected the conversations to be transmitted beyond the immediate environs, especially not through electronic enhancement. Clearly, he did not “knowingly expose” the conversation to the outside world, and therefore exhibited a clear subjective expectation of privacy. The objective component of the ... test was met as well. We have stated that the reasonableness analysis must be tied to identifiable constitutional values. One such value under [the state constitution] concerns the deeply-rooted legal and societal principle that the coveted privacy of the home should be especially protected. [F]reedom of speech is undermined where people fear to speak unconstrainedly in what they suppose to be the privacy of home and office. We conclude that warrantless electronic participant monitoring conducted in a home offends the core values of [our constitution]. Accordingly, where the State uses an agent to enter a home for the purposes of eliciting and electronically transmitting evidence from an occupant of the home, it is the burden of the State to obtain a warrant upon probable cause prior to conducting that ”
1 later decision quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.