State v. McIlvaine’s Empirical Analysis

Citation profile

26 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Compliance with these standards is, in the first instance, a substantive determination to be made by the trial court from the facts and circumstances of the case. Ker v. State of California, 374 U. S. 23 , 83 S.Ct. 1623 , 10 L.Ed.2d 726 (1963); State v. McIlvaine, 247 La. 747 , 174 So.2d 515 (1965).”

   3 later decisions quote this exact passage
   e.g. State v. Davis · 345 So. 2d 452 - State v. Linkletter

2. ““About 11:00 o’clock on the morning of March 19, 1962, officers of the New Orleans police department, armed with search warrants for 3117 North Derbigny Street and for a certain Chevrolet automobile and a certain Ford automobile, and accompanied by state troopers, began a surveillance of the North Derbigny Street address, the home of the two defendants, and also began to watch 4717 Shalimar Drive, the residence of one O. S. Roberson. About 3:00 o’clock in the afternoon the police saw the defendant Mcllvaine drive up to 3117 North Derbigny in a 1959 Ford and go into the house. At this time he was wearing gray pants and a gray work shirt. No one else was seen to leave or enter these premises during the rest of the afternoon. Officers watching the Shalimar Drive address observed a 1956 Chevrolet back out of the driveway at about 8:00 o’clock that night. The police followed the Chevrolet and soon saw that it was headed in the direction of the North Derbigny Street address. Officers stopped this car about one-half block from the North Derbigny Street address, and recognized its two occupants as Jackie Krohn, one of the defendants here, and O. S. Roberson. Both Jackie Krohn and Roberson were at this time placed under arrest by the police, the arrest being made without a warrant. After this arrest the officers went to 3117 North Derbigny with the search warrants for these premises which they had in their possession. One of the officers knocked on the door, and when the defendant Mcl”

   1 later decision quote this exact passage
   e.g. 265 F. Supp. 1004 - McIlvaine v. Middlebrooks

3. “as it is termed under the federal standard—to make an arrest without a warrant exists when the facts and circumstances within the arresting officer's knowledge, and of which he has reasonably trustworthy information, are sufficient in themselves to justify a man of average caution in the belief that a felony has been or is being committed. Draper v. United States, 358 U.S. 307 , 79 S.Ct. 329 , 3 L.Ed. 2d 327 (1959); State v. Green, 244 La. 80 , 150 So.2d 571 (1963); State v. Aias, 243 La. 945 , 149 So.2d 400 (1963); State v. Calascione, 243 La. 993 , 149 So.2d 417 (1963).”

   1 later decision quote this exact passage
   e.g. 275 So. 2d 740 - State v. Edgecombe