176 W. Va. 613 - State v. Adkins’s Empirical Analysis
1986
Citation profile
43 state decisions
How this case has been cited
Cited by 43 later decisions — most recently May 2018 · most notably State v. Cordova (1989), 179 W. Va. 403 - State v. Worley (1988)
43 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
Applies 28 U.S.C. § 631 (Federal Magistrate Act of 1979)
Relies on Illinois v. Gates · United States v. Leon · Mapp v. Ohio · Franks v. Delaware · Aguilar v. Texas
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under the Fourth Amendment to the United States Constitution and Article III, Section 6 of the West Virginia Constitution, the validity of an affidavit for a search warrant is to be judged by the totality of the information contained in it. Under this rule, a conclusory affidavit is not acceptable nor is an affidavit based on hearsay acceptable unless there is a substantial basis for crediting the hearsay set out in the affidavit which can include the corroborative efforts of police officers.”
6 later decisions quote this exact passage“(1) "the magistrate or judge in issuing a warrant was misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth. Franks v. Delaware, 438 U.S. 154 [ 98 S.Ct. 2674 , 57 L.Ed.2d 667 ] (1978)”; (2) "the issuing magistrate wholly abandoned his judicial role” thus becoming a rubber stamp for the police; (3) the affidavit is “ 'so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.’ Brown v. Illinois, 422 U.S. [590, 610-11, 95 S.Ct. 2254, 2265 , 45 L.Ed.2d 416, 431 (1975) ] (Powell, J., concurring in part); see Illinois v. Gates, 462 U.S. at 260 , 103 S.Ct. at 2344 , 76 L.Ed.2d at 563 (White, J., concurring in the judgment) ]”; and (4) the warrant is "so facially deficient — i.e., in failing to particularize the place to be searched or the things to be seized — that the executing officers cannot reasonably presume it to be valid." 468 U.S. at 923 , 104 S.Ct. at 3421-22 , 82 L.Ed.2d at 698-99 .”
3 later decisions quote this exact passage · from the majority“so conclusory with regard to its probable cause information as to render it a `bare bones' affidavit,”
2 later decisions 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.