State v. Toler’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Prior to the decision in Gates , the courts had followed a two-pronged test to determine whether an affidavit contained probable cause, based upon prior United States Supreme Court decisions in Spinelli [v. United States, 393 U.S. 410 , 21 L. Ed. 2d 637 , 89 S. Ct. 584 (1969),] and Aguilar [v. Texas, 378 U.S. 108 , 12 L. Ed. 2d 723 , 84 S. Ct. 1509 (1964)]. Under this test, the affidavit was required to first show the “basis of knowledge’ by stating the particular means by which the informant received the information given in his report. Second, the affidavit was required to establish either the veracity of the informant or the reliability of the information. Gates, 462 U.S. at 228-29 . In Gates , the Court recognized that the elements of the two-pronged test are highly relevant considerations in the totality of the circumstances analysis that has traditionally guided a probable cause determination. But, under the totality of the circumstances, a deficiency in one aspect of the two-pronged test is not fatal and may be compensated for by determining the overall reliability of the tip, or some other strong indicia of reliability. Thus, the totality of the circumstances analysis permits a balanced assessment of the relative weights of all the various indicia of reliability and unreliability rather than encouraging an excessively technical dissection of informants’ tips under the two-pronged test. Gates, 462 U.S. at 234-35 .””

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

2. ““Although the confidential informant was not named in the affidavit here, he did. implicate himself in the criminal conduct by participating as a co-conspirator in the purchase of illegal drugs and thus subjecting himself to criminal liability. The affidavit also detailed the circumstances surrounding the controlled buy. Finally, the affidavit contained additional information which would indicate prior involvement in illegal drug activities by the party the confidential informant named as selling the drugs at the residence listed in the search warrant. Based upon the totality of the circumstances test . . ., the affidavit was sufficient to provide information establishing probable cause to believe that contraband or evidence of a crime would be found at the place named in the search warrant. We conclude that the district judge was justified in issuing the search warrant based upon Sergeant Garnian’s affidavit. The constitutional rights of the defendant were not violated by issuance of the search warrant.” 246 Kan. at 276 .”

   1 later decision quote this exact passage · from the majority
   e.g. 16 Kan. App. 2d 686 - State v. Sidel