21 Ariz. App. 417 - State v. Eminowicz’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““B. An officer may break into a building, premises, or vehicle or any part thereof, to execute the warrant when: 1. After notice of his authority and purpose, he receives no response within a reasonable time. 2. After notice of his authority and purpose, he is refused admittance.””

   2 later decisions quote this exact passage
   e.g. State v. LaPonsie · State v. Sanchez

2. ““Where the legislature has enacted a statute dealing with execution of a search warrant which is clear and unambiguous on its face, we as a court may not weigh the reasons for and against such a statute — that is the province of the legislature. We are aware of other states with statutes similar to A.R.S. Sec. 13-1446 which have made judicial exceptions to their statutes. ‘However, unlike California, this court has not by a series of decisions engrafted a judicial exception to the statute.’ State v. Mendoza, 104 Ariz. 395 at 398 , 454 P.2d 140 at 143 . Accordingly, we decline now to engage in judicial legislation. If a remedy is needed, it is for the legislature to form one.” 21 Ariz.App. at 419 .”

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