State v. Calvert’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It was held by this Court in the case of Collins v. State, 184 Tenn. 356 , 199 S.W.2d 96 (1947), that when officers find no person in charge of premises on whom notice of a search might be served, they may invalidly enter the premises, by force if necessary, to execute the search warrant, without first demanding admittance. In that ease offióers went to premises which were vacant, having first obtained a valid search warrant. They pushed or forced open a rear door and made entry. Since the defendant was not present, no notice was given to him and no demand was made on him for permission to enter as provided in T.C.A. sec. 40-509. The Court rejected the argument that notice to the defendant is a prerequisite in all cases before a forcible entry may be had. In commenting upon the unreasonableness of such a position, the Court said: Surely one may not unlawfully store in his house a quantity of intoxicating liquor, or stolen goods, and lock or bar the doors, and conceal himself within, or absent himself from the house, as here, so he cannot be reached to serve papers on him, and thus prevent seizure of this property by the law. Collins v. State. 184 Tenn. at 361 , 199 S.W.2d 98 .” “We do not construe the provisions of T.C.A. sec. 40-518, concerning the leaving of a copy of the warrant with the person served, to prevent a search when no person is present or in occupancy of the premises to be searched.””

   1 later decision quote this exact passage · from the majority
   e.g. 4 Tenn. Crim. App. 41 - Poole v. State