Alcorn v. State’s Empirical Analysis

Citation profile

67 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Under this rule, evidence concerning that which is in plain view is not the product of a search. United States v. Barone (2 Cir., 1964), 330 F.2d 543 ; Koscielski v. State, (1927), 199 Ind. 546 , 158 N.E. 902 . 6x ® (The word "search" connotes uncovering that which is hidden, prying into hidden places for that which is concealed. It is not a search to observe what is open to view.' McDonald v. United States (1948), 83 U.S.App.D.C. 96 , 166 F.2d 957 . In Marshall v. United States (1970), 422 F.2d 185 , the 5th Circuit Court of Appeals stated that: 'A search implies an examination of one's premises or person with a view to the discovery of contraband or evidence of guilt to be used in prosecution of a criminal action. The term implies exploratory investigation or quest. Haerr v. United States, 5 Cir.1957, 240 F.2d 533, 535 .' In the case at bar there was no evidence of a 'prying into hidden places for that which is concealed,' or of an exploratory quest. Sergeant Shaw stated that while he was standing alongside appellant's car checking the latter's driver's license he, at the same time, (glanced in the back seat on the floor board' with his flashlight. (Emphasis supplied; Tr. p. 97.). By doing so, he observed the cartons of cigarettes, bakery goods, and bottles of liquor above referred to. 'We do not hold, of course, that every use of a flashlight is not a search. A probing, exploratory quest for evidence of crime is a search governed by Fourth Amendment standards whether a fl”

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

2. ““ ‘A search implies an examination of one’s premises or person with a view to the discovery of contraband or evidence of guilt to be used in prosecution of a criminal action. The term implies exploratory investigation or quest. Haerr v. United States, 5 Cir. 1957, 240 F.2d 533, 535 .’ ””

   1 later decision quote this exact passage
   e.g. 173 Ind. App. 482 - May v. State

3. ““The word ‘search’ connotes uncovering that which is hidden, prying into hidden places for that which is concealed. It is not a search to observe what is open to view.””

   1 later decision quote this exact passage
   e.g. 155 Ind. App. 404 - Walker v. State