291 So. 2d 15 - Wolff v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “" When warrant may be issued for search of private dwelling. — No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: "(1) It is being used for the unlawful sale, possession, or manufacture of intoxicating liquor; "(2) Stolen or embezzled property is contained therein; "(3) It is being used to carry on gambling; "(4) It is being used to perpetrate frauds and swindles; "(5) The law relating to narcotics or drug abuse is being violated therein; "(6) A weapon, instrumentality, or means by which a felony has been committed is contained therein; or "(7) Unless it is in part used for some business purpose such as a store, shop, saloon, restaurant, hotel or boarding or lodging house. "The term `private dwelling' shall be construed to include the room or rooms used and occupied, not transiently but solely as a residence, in an apartment house, hotel, boardinghouse, or lodging house. No warrant shall be issued for the search of any private dwelling under any of the conditions hereinabove mentioned except on sworn proof by affidavit of some creditable witness that he has reason to believe that one of said conditions exists, which affidavit shall set forth the facts on which such reason for belief is based." [Emphasis supplied]”

   2 later decisions quote this exact passage
   e.g. 310 So. 2d 729 - State v. Wolff · 309 So. 2d 555 - State v. Patterson

2. “"The judge or magistrate must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed, and may receive further testimony from witnesses or supporting affidavits, or depositions in writing, to support the application. The affidavit and further proof, if same be had or required, must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist." (Emphasis added)”

   1 later decision quote this exact passage
   e.g. 316 So. 2d 618 - Swartz v. State

3. “`That on December 19, 1972 the same confidential informant also stated to your affiant that the informant had a conversation in the evening hours of December 19, 1972 with Doctor Robert M. Wolff Jr., at number seven, Man-O-War road, Marathon, Monroe County Florida, in which Doctor Robert M. Wolff Jr. stated to the informant that he needed some more cocaine but that he still had some cocaine in his possession.'”

   1 later decision quote this exact passage
   e.g. 310 So. 2d 729 - State v. Wolff