State v. Hess’s Empirical Analysis

Citation profile

54 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is important to note that Carter was a plurality opinion in which Justice Kennedy provided the fifth vote necessary for a majority, writing in a special concurrence that, as a general rule, social guests will have an expectation of privacy in their host’s home. Id. at 102, 119 S.Ct. at 469 (Kennedy, J., concurring) (emphasis added). Justice Kennedy npted that the defendants in Carter were not social guests but had used the apartment merely as a processing station to prepare drugs for sale. Relying on the specific facts presented in Carter, Justice Kennedy concluded that the defendants were an exception to the rule that social guests will have an expectation of privacy. [ ] In summary, Minnesota v. Carter stands for the proposition that “parties who are in a residence for only a few hours, on ‘business,’ and who have little or no previous relationship with the owner or occupants of the premises do not have standing to contest the search of the premises (as opposed to their personal belongings).” . Whiteb-read and Slobogin, Criminal Procedure, An Analysis of Cases and Concepts 135 (4th ed. 2000).”

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

2. “We earlier noted that the Fourth Amendment guarantees the right to be free from unreasonable searches and seizures. As the United States Supreme Court explained, ‘physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed!.]’ Accordingly, it is well established that ‘searches and seizures inside a home without a warrant are presumptively unreasonable.’ Generally, this means that, with some specifically delineated exceptions, every law enforcement entry into a home for the purpose of search and seizure must be made with a warrant. The State has the burden of proving that a specific search falls into a delineated and limited exception. Legal analysis is limited to ‘the facts perceived by the police at the time of the entry, not as subsequently uncovered.’”

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

3. “Our hesitation in finding exigent circumstances, especially when warrantless arrests in the home are at issue, is particularly appropriate when the underlying offense for which there is probable cause to arrest is relatively minor. Before agents of the government may invade the sanctity of the home, the burden is on the government to demonstrate exigent circumstances that overcome the presumption of unreasonableness that attaches to all warrantless home entries. When the government's interest is only to arrest for a minor offense, that presumption of unreasonableness is difficult to rebut, and the government usually should be allowed to make such arrests only with a warrant issued upon probable cause by a neutral and detached magistrate.”

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