State v. Moralez’s Empirical Analysis

Citation profile

35 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, we look to the 'temporal proximity' between the unconstitutional conduct and the discovery of evidence to determine how closely the discovery of evidence followed the unconstitutional search. Second, we consider 'the presence of intervening circumstances.' Third, and 'particularly' significant, we examine 'the purpose and flagrancy of the official misconduct.'”

   4 later decisions quote this exact passage · from the dissent
   e.g. State v. Sanders · 56 Kan. App. 2d 410 - State v. Salazar

2. “'[T]he subsequent discovery of a warrant is of minimal importance in attenuating the taint from an illegal detention upon evidence discovered during a search incident to an arrest on the warrant.' " 297 Kan. at 415 , 300 P.3d 1090 . The Moralez court expressly noted: "Were it otherwise, law enforcement officers could randomly stop and detain citizens, request identification, and run warrants checks despite the lack of any reasonable suspicion to support the detention, knowing that if the detention leads to discovery of an outstanding arrest warrant, any evidence discovered in the subsequent search will be admissible against the defendant in a criminal proceedings unrelated to the lawful arrest.”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Manwarren · State v. Strieff

3. “'[f]actors such as an officer's regular practices and routines, an officer's reason for initiating the encounter, the clarity of the law forbidding the illegal conduct, and the objective appearance of consent may all be important in this inquiry.'”

   2 later decisions quote this exact passage · from the dissent
   e.g. 56 Kan. App. 2d 410 - State v. Salazar · State v. Manwarren