State v. Dibble’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Here, the trial court interpreted the term “victim” to mean, and only to mean, “a person who is the object of a crime.” I conclude, however, that it was improper for the trial court to apply such a limited definition. Specifically, it is improper for a court to invalidate warrants by interpreting the accompanying affidavits in a “hypertechnical” manner because the affidavits are drafted by nonlawyers in the midst and haste of a criminal investigation. United States v. Ventresca (1965), 380 U.S. 102,108-109 , 85 S.Ct. 741 , 13 L.Ed.2d 684 . Used more broadly, “victim” can mean (1) “a person who suffers from a destructive or injurious action,” or (2) “a person who is deceived or cheated, as by his own emotions or ignorance, by the dishonesty of others, or by some impersonal agency.” Webster’s Encyclopedic Unabridged Dictionary (Random House 1997). The trial court noted that few people “would argue with the notion that even minimal levels of manipulation and control exerted over young adult women by older men violate grounds of immorality and may create some measure of victimization.” I agree. And, applying this characterization to what may have occurred between E.K. and appellee, an affiant could have reasonably concluded that E.K. was a “victim” under a definition broader than the one the court imposed. Therefore, the characterization of E.K. as a victim was not false, and the trial court erred by suppressing the evidence on that basis.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Dibble