State v. Newcomb’s Empirical Analysis

Citation profile

3 district · 3 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining whether the police had probable cause, we review “reasonable probabilities and not the amount of evidence required to sustain a conviction or to make out a prima facie case.” State v. Jaroma, 137 N.H. 562, 567 , 630 A.2d 1173 (1993) (quotation omitted). We are not bound by mathematical calculations in making this determination, but instead “must approach the issue with a concern for the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.” Vandebogart, 139 N.H. at 163 , 652 A.2d 671 (quotation omitted). We again emphasize that probable cause is a commonsense rather than technical concept and “deals with the reasonable probabilities upon which officers must act quickly for the protection of society rather than with the proof beyond reasonable doubt which the State must have to proceed to trial and conviction.” State v. Hutton, 108 N.H. 279, 287 , 235 A.2d 117 (1967) (quotation omitted).”

   1 later decision quote this exact passage
   e.g. Farrelly v. City of Concord