178 Md. App. 400 - Carter v. State’s Empirical Analysis

Citation profile

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

1. “Our review of the judge’s decision to issue the search warrant[ ] is limited to whether there was a substantial basis for concluding that the evidence sought would be discovered in the place described in the application for the warrant. The substantial basis standard involves something less than finding the existence of probable cause, and is less demanding than even the familiar ‘clearly erroneous’ standard by which appellate courts review judicial fact finding in a trial setting. Furthermore, [t]he judge’s determination that probable cause exists is entitled to great deference. The issuing judge’s probable cause determination is a practical, common-sense decision based on analyzing the affidavit in light of the totality of the circumstances. [Thus,] [an] after-the-fact scrutiny by an appellate court regarding the sufficiency of an affidavit should not take the form of de novo review. A [warrant-issuing judge’s] determination of probable cause should be paid great deference by reviewing courts. Doubtful or marginal cases should be resolved in favor of the judge’s decision to issue the warrant.”

   1 later decision quote this exact passage
   e.g. 226 Md. App. 253 - Lindsey v. State