State v. Tully’s Empirical Analysis

Citation profile

1 district · 62 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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Several factual considerations bring the police conduct herein within the `community caretaking function' principle enunciated in the Cady case. First, there is no evidence that this was a general exploratory search on the part of the policeman on the pretext of protecting the defendant's property although in fact related to the processes or objectives of the criminal law. On the contrary, the court expressly found that the purpose of the officer's entry was to remove the guitar for safekeeping. Second, the automobile was parked where it was in the otherwise vacant school parking lot because Officer Scott directed that it be parked there and informed the defendant that he would be unable to drive it any further. Third, as the court expressly found, it was decided to leave the automobile where it was `[i]nasmuch as the defendant was unable to obtain anyone to remove it.' Fourth, because of the missing vent window, the vehicle was incapable of being secured in its exposure to a genuine threat of vandalism. Where `there is no indication that a search for evidence of a crime was being made . . [and] ... [w]here a search is conducted as a service to an individual, as in Vauss v. United States, 125 U.S.App.D.C. 228 , 370 F.2d 250 (1966), evidence of a crime accidentally discovered need not be suppressed.' United States v. Fuller, 277 F. Supp. 97, 100 (D.D.C.). [e.s.]”

   3 later decisions quote this exact passage
   e.g. State v. RYNE G. · Cobb v. State

2. “"community caretaking functions [of local police officers which are] totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute."”

   3 later decisions quote this exact passage
   e.g. State v. RYNE G. · Cobb v. State

3. “In our view the sounder course is to recognize that the Fourth Amendment [and art. 14 govern] all intrusions by agents of the public upon personal security, and to make the scope of the particular intrusion, in light of all the exigencies of the case, a central element in the analysis of reasonableness. ... This seems preferable to an approach which attributes too much significance to an overly technical definition of `search.'”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Ford