Beale v. State’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Gorman v. State, 161 Md. 700 , 158 Atl. 903 (1932), where the facts and circumstances were similar to those in the case at bar, a police officer, having seen a number of persons entering and leaving the house of the defendant, suspected a violation of the lottery laws and entered the house through an open door, without either a warrant to search the premises or to arrest the defendant, and took possession of the gambling paraphernalia he found there. In holding that such evidence was procured by an illegal search and seizure, even though the officer had not found it necessary to break open the door, it was said (at p. 704) that ‘the bursting open of the door was not the essence of the offense; it was the invasion of the privacy of the defendant’s home, [for] under the facts and circumstances stated, the officer was * * * a trespasser in entering the house of the defendant.’ See also McDonald v. United States, 335 U. S. 451 (1948), where it was held that evidence obtained by trespassing officers should have been excluded. . . . The case of Mattingly v. Commonwealth, 247 S. W. 938 (Ky. 1923), though not directly in point, is likewise authority for the proposition that officers wrongfully on the premises of a suspect may not lawfully search his premises and seize such illegal possessions as they may find there. In that case, where officers, who were in an enclosure near a house with a warrant that was ineffective because it was’ based on insufficient affidavits, looked throu”

   1 later decision quote this exact passage · from the majority
   e.g. Everhart v. State

2. ““Considering the total atmosphere of the case ... we cannot separate the throwing of the package from the unlawful search. The defendant’s action in throwing the package was not voluntary but was forced by the actions of the officers. That the officers anticipated such a result is evidenced by the fact that they stationed a man in the back yard to receive any person or evidence that might come out. The throwing of the package was directly caused by the actions of the officers.””

   1 later decision quote this exact passage · from the majority
   e.g. Narain v. State

3. ““In this case, as in Hobson , the back yard was a part of the curtilage surrounding the dwelling. Here, as there, the action of the defendant in disposing of the prohibited materials was not voluntary but was forced by the actions of the officers. And here, as there, but for the seizure and examination of the jettisoned materials there would have been no incriminating evidence.””

   1 later decision quote this exact passage · from the majority
   e.g. Narain v. State