State v. Burke’s Empirical Analysis

Citation profile

7 federal appellate · 54 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he probation officer must be able to supervise the probationer [or parolee], and upon his judgment and expertise, search the probationer's [or parolee's] residence or cause it to be searched.”

   5 later decisions quote this exact passage
   e.g. State v. New · State v. Burchett

2. “[t]his special need [of permitting a greater impingement on the rights of probationers and parolees, as stated in Griffin ] is equally applicable to the State of Montana.”

   3 later decisions quote this exact passage
   e.g. State v. Olmsted · State v. Hall

3. “[T]he probation agency must be able to act based upon a lesser degree of certainty than the Fourth Amendment would otherwise require in order to intervene before a probationer does damage to himself or society. The agency, moreover, must be able to proceed on the basis of its entire experience with the probationer, and to assess probabilities in the light of its knowledge of his life, character and circumstances. Griffin, [ 483 U.S. at 879 ,] 107 S.Ct. at 3171 . Thus, the special needs of the probation system strongly militate toward the “reasonable grounds” standard.”

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