State v. Jensen’s Empirical Analysis

Citation profile

4 district · 27 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In this case, [the informant’s] reliability was an unknown quantity to police, who avoided the issue by making no representations about it and having [the informant] testify before the magistrate. The magistrate could and should have questioned [the informant] and the officers in order to satisfy the intertwined requirement of the informant’s reliability. Here, however, the issuing judge ignored the opportunity to elicit information on which an opinion of the informant’s reliability could have been based. The few minutes in which [the informant] appeared to testify may have permitted the judge to form an initial impression of the informant as credible or not, but an impression based on appearance and demeanor cannot replace an opinion formed on facts. That failure lies with the issuing magistrate and not with the law enforcement officers. The district court correctly interpreted *** Franks *** and did not err in denying a hearing.” (Emphasis added). Jensen, 259 Kan. at 790 , 915 P.2d at 116 .”

   2 later decisions quote this exact passage · from the majority
   e.g. 374 Ill. App. 3d 203 - People v. Gorosteata · 371 Ill. App. 3d 655 - People v. Gorosteata

2. “1. On June 22, 1993, David Zellmer, a Sheriffs Deputy and a member of the Ellis County Drug Enforcement Unit was called out of a meeting to talk to a man by the name of Robert Kiehl. 2. Deputy Zellmer did not know Kiehl well, and had only met him once before, approximately two weeks prior to June 22, 1993. On this earlier occasion, Detective Tom Meiers of the Hays Police Department asked Zellmer to take Kiehl home in an unmarked car. Kiehl was a witness in an investigation being carried on by Detective Meiers. This investigation was unrelated to any of the matters presented in the above captioned case. 3. During the course of the June 22, 1993 conversation, Kiehl told Zellmer that Roy Jensen was selling marijuana and growing it in Jensen’s home. Kiehl further stated that he had been to Jensen’s home with Chad Weilert, and that Weilert had purchased $200.00 or $250.00 worth of marijuana from Jensen. At this time, Kiehl stated that he saw 50 to 100 marijuana plants in Jensen’s basement, and described the conditions under which these plants were being grown. 4. On the morning of June 23, 1993, Deputy Zellmer had Kiehl appear at the Ellis County Law Enforcement Center. Zellmer interviewed Kiehl. During this interview, Kiehl gave an accurate description of Roy Jensen, with whom Zellmer was acquainted. Kiehl also described certain vehicles which belonged to Jensen, described Jensen’s home, and the general area in Hays, Kansas where the Jensen home was located. Kiehl did not know th”

   1 later decision quote this exact passage · from the majority
   e.g. 96 F. Supp. 2d 1167 - Jensen v. Bouker

3. “The application for search warrant is dated Wednesday, June 23, 1993, at 10:34 a.m. Detective Jim Braun was the affiant. In the space for. attested facts upon which.' the application is based, there is only the notation, “(oral affidavit).” The “oral affidavit” was made when Detective Braun was sworn in and Kiehl and Deputy Zellmer gave sworn testimony in the presence of a district judge. Questions were asked of them . by the county attorney. Kiehl-stated that he had gone to Jensen’s residence on Saturday, June 19, with Chad Weilert. Kiehl said they went there because Weilert wanted to spend approximately $200 to $250 for a bag of marijuana.... Kiehl saw Jensen hand Weilert a sandwich bag of marijuana. Kiehl also described seeing 50 to 100 marijuana plants in containers.... Kiehl testified that he had not been promised anything in exchange for the information about Jensen, that his giving the information was completely voluntary, and that he had no personal animosity toward Jensen.... Deputy Zellmer testified that his only contact with Kiehl before June 22 was when he had spent about 5 minutes driving Kiehí home in an undercover vehicle at the request of Detective Meiers. Zellmer also testified that he had understood from Kiehl that he had been in Jensen’s basement on Monday evening rather than on Saturday. And finally, Zellmer stated that Keihl’s description of the lights in Jensen’s basement was “somewhat vague.””

   1 later decision quote this exact passage · from the majority
   e.g. 96 F. Supp. 2d 1167 - Jensen v. Bouker