Shipman v. State’s Empirical Analysis
1973
Citation profile
61 state decisions
How this case has been cited
Cited by 61 later decisions — most recently May 2003 · most notably State v. Williams (1978), 165 W. Va. 837 - State v. Moore (1980)
61 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Wong Sun v. United States · Coolidge v. New Hampshire · Sedillo v. United States · Stanley v. Georgia · Daniels v. State
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For an item in plain view to be validly seized, the officer must possess some judgment at the time that the object to be seized is contraband and that judgment must be grounded upon probable cause.”
9 later decisions quote this exact passage · from the majority““It is with the seizure of the bottle that we are here concerned, and not with any antecedent search. The Government urges that such was reasonable under the circumstances, but we must disagree. Whether a seizure is reasonable depends upon the existence of probable cause for that action, [citations omitted] There must be facts and circumstances from which the probability of the item’s contraband nature may be inferred — ‘the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.’ [citations omitted] There is simply no basis shown on this record for any conclusion by Sergeant Lively that the seized bottle contained narcotics, or that accused was under its influence. * * *””
1 later decision quote this exact passage · from the majority“It is well settled that one cannot make a search legal by what it turns up. Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963); Dennis v. State, 40 Ala.App. 182 , 111 So.2d 21 (1959). Furthermore, it has been held that for plain view to justify a warrantless seizure, the incriminating character of the object must be apparent.”
1 later decision quote this exact passage · from the majority
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.