State v. Spier’s Empirical Analysis

Citation profile

2 federal appellate · 28 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Thus a magistrate is required to make an objective determination of the factual situation presented to him on oath or affirmation, mere subjective findings or conclusions of an applicant-officer being insufficient and of no probative value. See Beck v. Ohio, supra, at 379 U.S. [89] 97, 85 S.Ct. [223] 229 [ 13 L.Ed.2d 142 ]."”

   3 later decisions quote this exact passage
   e.g. State v. King · State v. Sheridan

2. ““[I]f the magistrate thereafter issues the search warrant, he shall endorse on the application the name and address of all persons upon whose sworn testimony he relied to issue such warrant together with an abstract of such witness’ testimony.””

   3 later decisions quote this exact passage
   e.g. State v. Valde · State v. Liesche

3. ““ * * * p]t is to us now apparent that when a magistrate issues a search warrant based wholly or in part upon sworn testimony presented to him, then (1) the name and address of every person so testifying and an abstract of the testimony of each such witness shall be endorsed on the application, and (2) if the basis for issuance of the warrant is supplied wholly or in part by an informant, the magistrate shall likewise endorse on the application only the identity of the peace officer to whom the informant was given, with an abstract pf the factual showing made, under oath or affirmation, upon which the magistrate determined reliability of the informant. “That, we believe, will fulfill the mandatory requirement set forth in Code section 751.4 as amended by chapter 306, Acts of the First Regular Session, Sixty-Third General Assembly * * *. “Moreover, this prescribed procedure will undoubtedly permit a more accurate and meaningful judicial review of the ‘probable cause’ showing upon which a warrant issuing magistrate acted.””

   2 later decisions quote this exact passage
   e.g. State v. Liesche · State v. Simmons