State v. Dodd’s Empirical Analysis

Citation profile

3 federal appellate · 54 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘A modicum means a little or small quantity and this is to be understood in relationship to the nature of the drug. The amount need not be a usable amount and it was said the quantity of the drug possessed is not material. Peachie v. State, [ 203 Md. 239 , 100 A.2d 1 ], supra. This view is taken because the statute does not prescribe any minimum amount which must exist. Narcotics are contraband and dangerous causing untold harm to users and to the public by illegal use. A more liberal interpretation favorable to drug addicts and those illegally dealing in narcotics cannot reasonably be given.’ ””

   5 later decisions quote this exact passage
   e.g. Beeler v. State · Cox v. State

2. “Most jurisdictions which have considered the [question] have held actual physical possession of a narcotic is not necessary, it being sufficient if the defendant has constructive possession or is 'within such juxtaposition' to the narcotic as to justify a finding of possession. 131 The heroin was discovered in the house occupied solely by Dodd and his wife. The eyedropper with heroin in it was found in his bedroom within inches of his feet. Four tin foil packages which contained traces of heroin were found in the refuse container in the bathroom. No claim is made by Dodd that the heroin was not in his exclusive constructive control because his wife had as much control of the house as he did. Proof of joint possession has been held to support a conviction especially in husband-and-wife situations. 132 Dodd took the stand in his own behalf and suggested or inferred that the presence of the drug was due to the visit earlier that night of the two known drug addicts. But such testimony would not overcome the physical facts which gave rise to an inference of knowledge and constructive possession on the part of Dodd which under the circumstances was sufficient to establish the guilt of unlawful possession of heroin beyond a reasonable doubt. Although it is apparent Dodd did not use the heroin personally, the possession of a narcotic prohibited by the section is not restricted to possession for personal use.”

   1 later decision quote this exact passage
   e.g. United States v. Grier

3. “A search which might be reasonable as incidental to an arrest for one crime may be entirely unreasonable as an incident to an arrest for another crime.”

   1 later decision quote this exact passage
   e.g. 15 Or. App. 118 - State v. Florance