State v. Van Beek’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) when the issuing magistrate was misled by false information intentionally or negligently given by the affiant; (2) when the magistrate totally abandoned her judicial role and failed to act in a neutral and detached manner; (3) when the warrant was based on an affidavit “so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable”; and (4) when a reasonable law enforcement officer could not rely on a facially deficient warrant.”

   2 later decisions quote this exact passage
   e.g. State v. Utvick · Roth v. State

2. “Any officer authorized to execute a search warrant, without notice of the officer’s authority and purpose, may break open an outer or inner door or window of a building, or any part of the building, or anything therein, if the judge or magistrate issuing the warrant has probable cause to believe that if such notice were to be given the property sought in the case may be easily and quickly destroyed or disposed of, or that danger to the life or limb of the officer or another may result, and has included, in the warrant a direction that the officer executing it is not required to give such notice.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Roth

3. “Probable cause for a no-knock warrant, therefore, can no longer be established merely because of the presence of drugs in a suspect’s residence. [Herrick, at ¶ 21] (“[m]ere allegations that drugs are present” will no longer “result in the issuance of a no-knock warrant”).”

   1 later decision quote this exact passage
   e.g. State v. Utvick