23 Cal. 4th 824 - People v. Camacho’s Empirical Analysis

Citation profile

3 federal appellate · 143 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 146 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “{¶ 24} “Respondent contends that Officers Wood and Mora’s observations were constitutionally permissible because ‘nothing prohibited access to and from [the] side yard from the street along the side of the house.’ We might add that, from the photographs of the scene included in the record, one might expect that at some point, a neighbor’s child, should the need arise, might retrieve an errant ball or loose pet from the side yard of defendant’s home. Similarly, an employee of the local utility company might at some point enter the yard to read the meter, were one located there. Admittedly there was no fence, no sign proclaiming ‘No trespassing,’ no impediment to entry. {¶ 25} “Nevertheless, we cannot accept the proposition that defendant forfeited the expectation his property would remain private simply because he did not erect an impregnable barrier to access. Recalling that the lodestar of our inquiry is the reasonableness of defendant’s expectation of privacy, we assume for the sake of argument the meter reader or the child chasing a ball or pet may have implied consent to enter the yard for that narrow reason, for a limited time, and during a reasonable hour. Certainly the same cannot be said for the unconsented-to intrusion by police at 11 o’clock at night. (See Pen.Code, § 647, subd. (i) [a person commits misdemeanor of disorderly conduct ‘[w]ho, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any ”

   1 later decision quote this exact passage · from the majority
   e.g. 173 Ohio App. 3d 575 - State v. Peterson

2. “'has never been extended to require law enforcement officers to shield their eyes when passing by a home on public thoroughfares. Nor does the mere fact that an individual has taken measures to restrict some views of his activities preclude an officer's observations from a public vantage point where he has a right to be and which renders the activities clearly visible. [Citation.] "What a person knowingly exposes to the public, even in his own home ... , is not a subject of Fourth Amendment protection.”

   1 later decision quote this exact passage
   e.g. People v. Williams

3. “The Fourth Amendment provides '[t]he right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated....' [Citation.] This guarantee has been incorporated into the Fourteenth Amendment to the federal Constitution and is applicable to the states. [Citation.]”

   1 later decision quote this exact passage
   e.g. 228 Cal. Rptr. 3d 489 - People v. Golden