State v. Ware’s Empirical Analysis

Citation profile

2 district · 26 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is clear that the foürth amendment prohibition against unreasonable searches and seizures is inapplicable to the conduct of private parties. [Citing Burdeau v. McDowell, supra.]... In the defendant’s case there is nothing to indicate that the police participated in or directed the actions of the family teachers. To the contrary, it was the Boys Town employees who asserted their responsibility and willingness to search Ware’s room. The uncontroverted testimony is that the teachers instigated and carried out the searches, and the only police response was that “if they wanted to and it was their policy, they could.” In light of these facts there was no agency relationship created by the police. Therefore, the searches of the defendant’s residence in Boys Town were conducted by private individuals not subject to the warrant requirement embodied in the fourth amendment.”

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

2. “[i]f officers have authorization to enter the home, an arrest inside is of no greater constitutional significance than an arrest elsewhere”

   1 later decision quote this exact passage
   e.g. United States of America v. Ralph Winchenbach Jr