State v. Davis’s Empirical Analysis

Citation profile

30 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The first overview courts employ to determine whether a search and seizure is unreasonable is whether the thing done, in the sum of its form, scope, nature, incidents and effect, impresses as being fundamentally unfair or unreasonable in the specific situation when the immediate end sought is considered against the private right affected. Citations. The problems which arise, * * *, in no small measure result from attempts by appellate courts to distill the above concept in the specific rules which will stand the test of rationale applicability in the diverse situations faced by law enforcement officers and trial courts.””

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

2. ““However, the place where the seized property is located may be so exposed as to immediately negate any reasonable expectation of privacy, thus, the ‘open field’ situation is presented. As such evidence is not safeguarded by the constitution it may be seized without further justification. No intrusion in the constitutional sense is involved.””

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

3. “To argue such a view, in and of itself, allows a warrantless intrusion is to argue probable cause alone is sufficient to allow a warrantless search and seizure. [ 228 N. W. 2d at 72 ]”

   1 later decision quote this exact passage
   e.g. State v. O'Herron