State v. Lewis’s Empirical Analysis

Citation profile

3 federal appellate · 60 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The theory of the hearsay rule * * * is that, when a human utterance is offered as evidence of the truth of the fact asserted in it, the credit of the assertor becomes the basis of our inference, and therefore the assertion can be received only when made upon the stand, subject to the test of cross-examination. If, therefore, an extrajudicial utterance is offered, not as an assertion to evidence the matter asserted, but without reference to the truth of the matter asserted, the hearsay rule does not apply. * * *””

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

2. ““ * * * When officers, incidental to a lawful arrest, seize an automobile or other object in the reasonable belief that such object is itself evidence [Footnote omitted] of the commission of the crime for which such arrest is made, any subsequent examination of said object undertaken for the purpose of determining its evidentiary value does not constitute a 'search’ within the meaning of the Fourth Amendment. * * * ””

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

3. “The implication is that when the police lawfully seize a car which is itself evidence of a crime rather than merely a container of incriminating articles, they may postpone searching it until arrival at a time and place in which the examination can be performed in accordance with sound scientific procedures.”

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