State v. Guthmiller’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Probable cause is required for a search warrant under the Fourth Amendment to the United States Constitution and Article I, Section 8 of our state constitution.” State v. Thieling, 2000 ND 106, ¶ 7 , 611 N.W.2d 861 . “Probable cause to search exists ‘if the facts and circumstances relied on by the magistrate would warrant a person of reasonable caution to believe the contraband or evidence sought probably will be found in the place to be searched.’ ” Id. (quoting State v. Johnson, 531 N.W.2d 275, 278 (N.D.1995)). Probable cause to search does not require the same standard of proof necessary to establish guilt at trial; rather, probable cause to search exists if it is established that certain identifiable objects are probably connected with criminal activity and are probably to be found at the present time at an identifiable place. State v. Ringquist, 433 N.W.2d 207, 212 (N.D.1988). “Although each piece of information may not alone be sufficient to establish probable cause and some of the information may have an innocent, explanation, ‘probable cause is the sum total of layers of information and the synthesis of what the police have heard, what they know, and what they observed as trained officers.’ ” Thieling , at ¶ 7 (quoting State v. Damron, 1998 ND 71, ¶ 7 , 575 N.W.2d 912 (citations omitted)). “The task of the issuing magistrate is to make a practical, commonsense decision whether, given all the information considered together, there is a fair probability contraband or e”

   2 later decisions quote this exact passage
   e.g. State v. Doohen · State v. Corum

2. “`inferences and deductions that a trained and experienced officer makes.'”

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