167 W. Va. 620 - State v. Farley’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment and Article III, Section 6 of the West Virginia Constitution — subject only to a few specifically established and well-delineated exceptions. The exceptions are jealously and carefully drawn, and there must be a showing by those who seek exemption that the exigencies of the situation made that course imperative.”

   2 later decisions quote this exact passage · from the majority
   e.g. 175 W. Va. 185 - State v. Cook · 173 W. Va. 27 - State v. Cecil

2. ““Once a person under interrogation has exercised the right to remain silent guaranteed by W. Va. Const., art. Ill § 5, and U.S. Const, amend. V, the police must scrupulously honor that privilege. The failure to do so renders subsequent statements inadmissible at trial.””

   1 later decision quote this exact passage · from the majority
   e.g. 181 W. Va. 325 - State v. Woodson

3. “The burden rests on the State to show by a preponderance of the evidence that the warrantless search falls within an authorized exception.”

   1 later decision quote this exact passage · from the majority
   e.g. 175 W. Va. 185 - State v. Cook