State v. Orta’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When assessing a defendant's standing to challenge a search under the Fourth Amendment, the critical inquiry is "whether the person... has a legitimate expectation of privacy in the invaded place." A defendant bears the burden of establishing his or her reasonable expectation of privacy by a preponderance of the evidence. Whether a person has a reasonable expectation of privacy depends on (1) whether the individual has exhibited an actual, subjective expectation of privacy in the area inspected and in the item seized; and (2) whether society is willing to recognize such an expectation of privacy as reasonable.”

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

2. “1. Whether the person had a property interest in the premises; 2. Whether the person was legitimately on the premises; 3. Whether the person had complete dominion and control and the right to exclude others; 4. Whether the person took precautions customarily taken by those seeking privacy; 5. "Whether the person put the property to some private use; and 6. Whether the claim of privacy is consistent with historical notions of privacy.”

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

3. “applied] the protections of the Fourth Amendment to the privacy expectations of an occupant of a partially or wholly enclosed stall in a public restroom.”

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