210 Ill. App. 3d 692 - People v. Simmons’s Empirical Analysis

Citation profile

3 district · 29 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘The State did not present any evidence to show that defendant was not a social guest on the premises. The State failed to establish a sufficient nexus between defendant and the premises, yet the State seeks to bootstrap the nature of the room and the objects found in it to amount to probable cause to search defendant. If, in fact, the room was a ‘Smoker room,’ one would expect there to be paraphernalia in it. That does not necessarily mandate the conclusion that defendant engaged in the smoking or ingesting of cocaine in that room. The State presented no evidence that the room was used exclusively for the consumption of cocaine. The record shows that the room had a bed, a desk, a dresser, a television and at least one chair. The argument, that because defendant was present in that room there was probable cause to search him, falls afoul of the holding of Ybarra . The probable cause ‘requirement cannot be undercut or avoided by simply pointing to the fact that coincidentally there exists probable cause to search . . . the premises where the person may happen to be.’ Ybarra, 444 U.S. at 91, 62 L. Ed. 2d at 245 , 100 S. Ct. at 342 .” 210 Ill. App. 3d at 700 .”

   1 later decision quote this exact passage · from the majority
   e.g. 19 Kan. App. 2d 786 - State v. Vandiver

2. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause supported by an Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. U.S. CONST, amend. IV.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Hamilton

3. “"Detention and Search of Persons on Premises. In the execution of the warrant the person executing the same may reasonably detain to search any person in the place at the time: (a) To protect himself from attack, or (b) To prevent the disposal or concealment of any instruments, articles or things particularly described in the warrant.””

   1 later decision quote this exact passage · from the majority
   e.g. 269 Ill. App. 3d 1008 - People v. Coats