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← 287 SO2D 458 - State v. Tant

State v. Tant’s Empirical Analysis

1973

Citation profile

24
cited by 24 later decisions
2
states following
March 1989
most recently cited

24 state decisions

Relationships

Relies on Schneckloth v. Bustamonte · Carroll v. United States · Brinegar v. United States · Coolidge v. New Hampshire · Chambers v. Maroney

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

  1. “"The only pertinence, to the issue at hand, of delay in the procurement of a warrant is that it would be a violation of constitutional rights if a police officer deliberately set up a motor vehicle surveillance awaiting an `exigent circumstance' for warrantless search in order to circumvent the requirement that an impartial magistrate pass upon the probable cause. Here, only twenty-four hours elapsed from the time the police were told that the defendants' vehicle contained drugs and the search. It is not unreasonable, and accordingly it is permissible for police to exercise discretion in not immediately obtaining a search warrant in numerous hypothetical circumstances among which is the effort to uncover further violations of the law. This is in keeping with the general aims and needs of law enforcement. Furthermore, by purposely imposing this restraint, the police afford themselves more time to gather information with which to convince an impartial magistrate that a search warrant should issue. Under the facts of this case a delay of 24 hours is neither unreasonable nor indicative of improper motive. . . ." 287 So.2d at 461 .”
    2 later decisions quote this exact passage
  2. “[o]ne exception to the general rule is that a moving vehicle may be stopped and searched where `exigent circumstances' make the securing of a search warrant impracticable.”
    2 later decisions quote this exact passage
  3. “Neither the Constitution of the United States nor the jurisprudence requires that a police officer immediately obtain a search warrant upon his gaining probable cause for its issuance. Nor for that matter is there any impropriety as far as a defendant's constitutional rights are concerned if an officer with probable cause desists indefinitely from securing a warrant, absent an illegal search and seizure.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.