State v. Reeder’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. “In regard to an officer’s reasonable reliance on the invalid warrant, the test for reasonable reliance is whether the affidavit was sufficient to “ ‘ “create disagreement among thoughtful and competent judges as to the existence of probable cause.” ’ ” State v. Parmar, 231 Neb. 687, 697 , 437 N.W.2d 503, 510 (1989) (quoting U.S. v. Hove, 848 F.2d 137 (9th Cir. 1988)). Also, this is an objective standard of reasonableness, which “requires officers to have a reasonable knowledge of what the law prohibits.” Leon, 468 U.S. at 920 n.20. See, also, United States v. Peltier, 422 U.S. 531 , 95 S. Ct. 2313 , 45 L. Ed. 2d 374 (1975). Pursuant to Leon, supra, suppression of the evidence remains appropriate if (1) the magistrate or judge in issuing a warrant was misled by information in an affidavit that the affiant knew was false or would have known was false except for his or her reckless disregard of the truth; (2) the issuing magistrate wholly abandoned his or her judicial role; (3) the warrant is based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (4) the warrant is so facially deficient that the executing officer cannot reasonably presume it to be valid.”

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