Ozella Scott’s Empirical Analysis

Citation profile

4 district · 1 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In United States v. Lot Numbered One (1) of the Lavaland Annex, this court applied a broad definition of consent, under which an owner consents to drug use on her property if she fails “ ‘to take all reasonable steps to prevent illicit use of [the] premises once [she] acquires knowledge of that use.’ ” 256 F.3d 949, 953-54 (10th Cir.2001)(quoting [U.S. v.] 141st St.[ Corp. by Hersh, 911 F.2d 870 , ]879 [ (2d Cir.1990) ]). Although we applied this broad definition in Lava-land without explicitly adopting it as the standard of this circuit, we do so now. In determining what would constitute “reasonable steps” under particular circumstances, we have held that a modified objective standard should be utilized. Id. at 955 . While we rejected a purely subjective test, we acknowledged that a property owner “should not be required to take ‘heroic or vigilante measures to rid his or her property of narcotics activity.’” Id. (quoting United States v. All Right, Title & Interest in Prop. & Premises Known as 710 Main St., 753 F.Supp. 121, 125 (S.D.N.Y.1990)). Thus, we set out an objective test with a limited subjective component: “[T]he question is what measures were reasonable under the particular circumstances confronted by the property owner in question. Those circumstances may include the property owner’s reasonable fears and concerns, its degree of familiarity with crime prevention, and its economic resources.” Lavaland, 256 F.3d at 955 (citing 710 Main St., 753 F.Supp. at 125 )(inte”

   1 later decision quote this exact passage · from the majority
   e.g. 189 F. Supp. 3d 1208 - United States v. 2121 Celeste Road SW

2. “[p]olice conducted a raid on appellant Ozella Scott’s real property on August 28, 1995. During the course of this raid, police caught Ms. Scott’s son, Mark Scott, with five marijuana plants that he had pulled from the ground as he fled. They also found two plants still growing on the property. Police executed a search warrant and found 1.4 pounds of marijuana in a mobile home on the property, along with various firearms. Police also found two “portable outbuildings” containing lights, insulation, and a total of 37 pots. Some of the pots contained remnants of marijuana plants. [[Image here]] Ms. Scott stated in her deposition that [her daughter-in-law] Laura Scott only made one statement regarding marijuana growth on the property, and that Laura Scott was inebriated and had been fighting with Mark Scott at the time of her statement. In response to her daughter-in-law’s report that Mark Scott was growing drugs on the property, Ms. Scott drove around the property looking for drugs. She apparently did not investigate any of the buildings or the back of the property. She then informed her son that she hoped he was not growing drugs on the property “because you know how I feel about it. I don’t want it on my property and I don’t even want you using it.” Ms. Scott further stated that she rarely visited the property and never went there during the summer.”

   1 later decision quote this exact passage · from the majority
   e.g. 189 F. Supp. 3d 1208 - United States v. 2121 Celeste Road SW