State v. Max’s Empirical Analysis

Citation profile

2 federal appellate · 16 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[To determine] when exigent circumstances exist .... [considerations that are particularly relevant are as follows: 1. That a grave offense is involved ...; 2. that the suspect is reasonably believed to be armed; 3. that a clear showing of probable cause exists, including “reasonably trustworthy information,” to believe that the suspect committed the crime involved; 4. that there is a strong reason to believe ... the suspect is [on] the premises ...; 5. that a likelihood exists that the suspect will escape ...; 6. that the entry, though not consented to, is made peaceably; and 7. time of entry.”

   2 later decisions quote this exact passage
   e.g. State v. Frey · State v. Meyer

2. “The fourth amendment to the United States Constitution and Article VI, § 11 of the South Dakota constitution both provide that people have the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. Warrantless arrests and searches, therefore, are unconstitutional, unless there is a showing by those who seek exemption from the requirement that their actions were reasonable, based on probable cause, and that the exigencies of the situation made the course imperative. (emphasis added).”

   2 later decisions quote this exact passage
   e.g. State v. Baysinger · Swedlund v. Foster

3. “This court has... recognized an exception to the warrant requirement when an emergency exists.”

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