State v. Kelly’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[W]e conclude that even if probable cause exists for the arrest of a person, our statute is violated by an unannounced intrusion in the form of a breaking and entering any building, including a private home, except (1) where the person within already knows of the officer's authority and purpose; (2) where the officers are justified in the belief that the persons within are in imminent peril of bodily harm; (3) if the officer's peril would have been increased had he demanded entrance and stated the purpose, or (4) where those within made aware of the presence of someone outside are then engaged in activities which justify the officers in the belief that an escape or destruction of evidence is being attempted. Time and experience will no doubt suggest other exceptions. .. ."”

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

2. “"The exception sought is that where the amount of drugs is small the drugs may be easily disposed of by flushing them down a toilet or other drain, and that compliance with the `Knock and Announce' requirement of Sections 933.09 and 901.19(1), Florida Statutes, would afford those inside the building time enough to dispose of any drugs before the officers gained entrance. "In order to create such an additional exception to the list stated in Benefield, supra, this Court would be required to do violence to the plain and unambiguous language of the applicable statutes. The statutes require due notice of the authority and purpose of the officers seeking to gain admittance."”

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

3. “Police officers with a search warrant. Remain seated.”

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