State v. Beane’s Empirical Analysis
2009
Citation profile
13
cited by 13 later decisions
2
states following
January 2023
most recently cited
13 state decisions
Relationships
Relies on Terry v. Ohio · Estate of Smith v. Marasco · City of Fairgo v. Thompson · United States v. Taylor · State v. Winkler
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Any member of the public, from a neighbor stopping by for unannounced or uninvited visit, to a UPS truck delivering a gift which the Mittleiders did not know was coming would have entered upon Mittleiders' property in the same manner the officers did. While there may have been "No Trespass" signs surrounding the property, this Court was provided with no evidence that there was a gate with a "no trespass" sign across the road, that there was a "no trespass" sign mounted on a post or immediately to the edge of the road, or that there were any "no trespass" signs posted on a fence or in the area immediately surrounding the residence. Thus, there is nothing concerning the officers' initial entry into Mittleiders' yard which would trigger the protections of either the Fourth Amendment or Article 1, § 8 of the North Dakota Constitution.”
1 later decision quote this exact passagee.g. State v. Mittleider“police with legitimate business may enter certain areas surrounding a home where persons may have a reasonable expectation of privacy, such as curtilage, but which are 'impliedly open to use by the public.' " State v. Winkler, 552 N.W.2d 347, 352 (N.D.1996) (quoting State v. Crea, 305 Minn. 342 , 233 N.W.2d 736, 739 (1975)). "Officers are allowed to knock on a residence's door or otherwise approach the residence seeking to speak to the inhabitants just as any private citizen may.”
1 later decision quote this exact passagee.g. State v. Mittleider“The officers' 'small departure' from the front door of the residence to meet Beane coming from the unattached garage also did not trigger the protections of the Fourth Amendment”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.