State v. Stockert’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The cases cited generally recognize that searches of vehicles may sometimes be made under circumstances where searches of buildings would not be allowed because of the ambulatory character of automobiles, the lesser expectation of privacy as to automobiles, and the fact that automobiles are often brought within the plain view of officers. [Citations omitted.] Warrantless searches of automobiles are sometimes authorized when the automobiles are lawfully within the custody of the police, who have a duty to protect the vehicle from damage or theft and the right to protect themselves from the use of weapons which may be found within the vehicle. [Citations omitted.] However, none of these considerations apply in the case before us. The automobile in question was not in police custody. It was located on private property, not on a highway. It was stuck in snow, so it was not immediately movable. “And there was ample time within which to obtain a warrant. There was a five-hour delay between the officers’ arrival at the scene and the commencement of investigation at the scene. After the automobile was discovered and the driver’s license was obtained, there was a delay of at least eight hours before the defendant was contacted, at about 3:30 in the afternoon. “Specifically, a warrantless search of a glove compartment should be permissible and constitutionally reasonable if it were part of a standard operating policy of taking inventory of the contents of automobiles impounded or othe”

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

2. “The fourth and fourteenth Amendments to the United States Constitution and Article I, Section [8] of the North Dakota Constitution prohibit unreasonable searches and seizures. The guiding ‘principle behind these prohibitions is to safeguard personal privacy and dignity against unwarranted intrusions by the State. To realize this principle, all evidence obtained in searches and seizures which transgress the commandments of the fourth amendment to the federal constitution has been made inadmissible in state courts by the United States Supreme Court.”

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