State v. Strieff’s Empirical Analysis

Citation profile

5 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'[i]f the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means ... then the deterrence rationale has so little basis that the evidence should be received.”

   1 later decision quote this exact passage · from the majority
   e.g. Layton City v. Brierley

2. “to circumstances involving an independent act of a defendant's 'free will' in confessing to a crime or consenting to a search.”

   1 later decision quote this exact passage · from the dissent
   e.g. Utah v. Strieff

3. “[t]he terms and conditions of the exclusionary rule have been meted out by the Supreme Court in a piecemeal ... fashion,”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Rowan, George