State v. Therriault’s Empirical Analysis

Citation profile

38 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In analyzing the officer's entrance of the home, however, we restate[ ] the indelible rule that warrantless searches conducted inside a home are per se unreasonable, "subject only to a few specifically established and well-delineated exceptions." [ State v. Hubbel (1997), 286 Mont. 200, 212 , 951 P.2d 971, 978 .] This Court has routinely stated that the physical invasion of the home is the chief evil to which the 4th Amendment and Montana's Article II, § 11, are directed. We have emphasized again and again that the entrance to the home is where the federal and Montana constitutions draw a firm line, and that absent an exception, that threshold may not be crossed without a warrant. See, e.g., State v. Kao (1985), 215 Mont. 277, 282-83 , 697 P.2d 903, 907 (quoting Payton v. New York (1980), 445 U.S. 573 , 100 S.Ct. 1371 , 63 L.Ed.2d 639 ); State v. Bassett, 1999 MT 109, ¶ 25 , 294 Mont. 327, ¶ 25 , 982 P.2d 410, ¶ 25 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Graham

2. “subject only to a few specifically established and well-delineated exceptions.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Graham

3. “exceptions to the warrant requirement, a”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Graham