Pollard v. State’s Empirical Analysis

Citation profile

96 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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Fourth Amendment rights are personal rights which, like some other constitutional rights, may not be vicariously asserted.’ A person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person’s premises or property has not had any of his Fourth Amendment rights infringed. And since the exclusionary rule is an attempt to effectuate the guarantees of the Fourth Amendment, it is proper to permit only defendants whose Fourth Amendment rights have been violated to benefit from the rule’s protections.””

   3 later decisions quote this exact passage
   e.g. 181 Ind. App. 476 - Cox v. State · Snuffer v. State

2. ““(1) [W]as there a constitutional violation, i. e., was the search and seizure unreasonable within the meaning of the Fourth Amendment, and; (2) [I]f so, were the rights thereby violated the rights of the defendant or some other person.””

   2 later decisions quote this exact passage
   e.g. Mendelvitz v. State · Snuffer v. State

3. “Appellant Pollard’s situation is somewhat different [from that of his co-defendant]. The searched automobile was apparently owned by Pollard’s wife. The question then is whether or not Pollard has established that he had a legitimate expectation of privacy in an automobile owned by his wife. As the State points out, Pollard did not establish that his use of the vehicle was within his wife’s permission. However, the Rakas [v Illinois] court pointed out that in defining the scope of Fourth Amendment interest’s “arcane distinctions developed in property and tort law between guests, licensees, invitees, and the like, ought not to control.” Rakas, supra, at 439 U.S. 128 , 99 S.Ct. [at] 430, 58 L.Ed.2d [at] 401. Thus the legitimacy of a defendant’s privacy expectations in the searched premises will not always turn upon whether his name appears on the deed, lease or certificate of registration. Surely, a husband’s expectation of privacy while in an automobile titled to his spouse is as legitimate as that of the wife. This is not to say that other factors, not present in this case, such as divorce or separation, would not affect the legitimacy of a husband or wife’s privacy interest in property owned by his or her spouse. We hold only that under the facts of this case, appellant Pollard had a legitimate expectation of privacy in his wife’s automobile such that any unreasonable search and seizure of the vehicle would amount to an infringement of his Fourth Amendment rights.”

   1 later decision quote this exact passage
   e.g. 184 Md. App. 535 - Ford v. State