236 Or. App. 32 - State v. Nix’s Empirical Analysis

Citation profile

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

1. “"I do not find that there were exigent circumstances which justified searching the contents of defendant's cell phone without a warrant. The state argues that the battery might run down and in order to power up the phone they may have to get a code from the phone's service provider. They also indicate that the defendant, from jail, could provide certain information to the provider that may result in the provider * * * erasing information from the phone. The state offers no evidence that, even if the defendant had the information necessary and even if the service provider would accept a collect call from jail, that the service provider would not delay erasing information if a police agency called them and asked that they not do so while a search warrant was being obtained. In short, the state may have proven that it might be inconvenient for them to get a warrant and safeguard the contents of a cell phone but inconvenience falls short of exigent circumstances."”

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

2. “[DEFENSE COUNSEL]: Thank you, Your Honor. I just believe that under the circumstances, the police had [defendant] in custody, the cell phone was nowhere near him. They regulated, obviously, his freedom and behavior. There was no reason in the world they couldn't have applied for a search warrant. Had they done so, having listened to Detective Parker's recitation [about the ongoing investigation of defendant for delivery of a controlled substance], * * * obviously probable cause would have been established. I think it's important for the police to take that step.”

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

3. “transaction for drugs—with that occurring immediately after, and apparently in direct response to, a call that defendant had received on his cellular telephone. [1] Jones saw the car and initiated a lawful traffic stop. Defendant fled on foot, but, after a short chase, Jones successfully apprehended him. After arresting defendant, Jones conducted a patdown search, which revealed, among other things, 22 small clear plastic baggies commonly used to package drugs, over $370 in cash, and a cellular telephone. While Jones counted the cash, defendant's telephone rang”

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