Abraha v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining probable cause for a search warrant, the magistrate is merely to "make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before (the magistrate), including the `veracity' and `basis of knowledge' of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place." DeYoung v. State, 268 Ga. 780, 787 (7), 493 S.E.2d 157 (1997), quoting State v. Stephens, 252 Ga. 181, 182 , 311 S.E.2d 823 (1984). The trial court will then examine the issue, and its factual findings regarding probable cause for issuance of the warrant will be upheld unless clearly erroneous. Bryant v. State, 268 Ga. 616, 618 (6), 491 S.E.2d 320 (1997); Williams v. State, 267 Ga. 771 (4), 482 S.E.2d 288 (1997). Ultimately, this Court's role on review is to "determine if the magistrate had a `substantial basis' for concluding that probable cause existed to issue the search (warrant)." DeYoung at 787 (7), 493 S.E.2d 157 . See also Grier v. State, 266 Ga. 170, 172 (2)(b), 465 S.E.2d 655 (1996). And a reviewing court is to give substantial deference to the magistrate's decision to issue a search warrant after finding probable cause. Id.”

   3 later decisions quote this exact passage
   e.g. 246 Ga. App. 1140 - State v. Towe · 243 Ga. App. 362 - Clark v. State

2. “determine if the magistrate had a `substantial basis' for concluding that probable cause existed to issue the search (warrant).”

   1 later decision quote this exact passage
   e.g. 246 Ga. App. 1140 - State v. Towe