Earman v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Burger stated that while in the residence he had purchased the marijuana from Rasimowicz with [petitioner] looking on. Det. Foster with other Officers immediately took Burger back to the residence where he entered a side door and called for Rasimowicz and [petitioner]. In response to the call, [petitioner] appeared on an upstairs landing, at which time Officer Foster and other members of the police, without either knocking or announcing their authority or purpose, rushed into the house. At least one of the officers had gun drawn and ordered [petitioner] to stand still. Rasimowicz appeared briefly on the upstairs landing, then ran and made good an escape from the premises in spite of the fact that officers immediately went upstairs and made a search of the upstairs area. [Petitioner] was placed under arrest and searched but none of the marked money was found. After being advised of his rights [petitioner] was taken into an upstairs bedroom where he signed a written consent to a search of the premises. After the consent had been signed, the officers found in the same bedroom in plain view on the bed where [petitioner] had been seated, a large shoe box containing one-half pound of marijuana in plastic bags."”

   1 later decision quote this exact passage · from the majority
   e.g. 265 So. 2d 695 - Earman v. State

2. “"... the officers' failure to comply with the statutory requirements of F.S. Section 901.19(1), F.S.A., comes within the exception announced by this court in the case of State v. Clarke, Fla.App. 1970, 242 So.2d 791 , i.e., that the arresting officers could reasonably fear that the evidence would be destroyed had they delayed their entrance in order to comply with the statute. We recognize that we apply the Clarke exception here as a matter of law since none of the officers expressly testified that they entertained a concern that the evidence might be destroyed." (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. 265 So. 2d 695 - Earman v. State