Southard v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As a prelude to an analysis of the affidavit, some basic principles should be reviewed. It should be kept in mind that in a long line of cases this court has held that where an affidavit to procure a search warrant is in positive terms, one will not be permitted to go behind the affidavit and show that the officers did not have sufficient knowledge of the charges alleged in the affidavit.” (Citing cases.) “The above rule came about for the reason that an examining magistrate has been recognized as something more than an automaton. It is his duty to examine the affidavit presented to see whether or not it fulfills the requirements of the law, and not only that, to determine that the person presenting the affidavit knows its contents and wants to and does swear to the same. It is a solemn instrument, not to be lightly made, because it is the key that opens the citizen’s door to the officers to search his home, or his place of business for evidence of the crime that may be charged. It is the vehicle provided by the Constitution that permits the invasion of the citizen’s privacy. Therefore we have said that the affidavit and search warrant should be strictly construed, Linthicum v. State, 66 Okl.Cr. 327 , 92 P.2d 381 ; Mayberry v. State, 62 Okl.Cr. 183 , 70 P.2d 1106 ; Mason v. State, 63 Okl.Cr. 153 , 73 P.2d 468 ; Edwards v. State, 95 Okl.Cr. 37 , 239 P.2d 434 ; though a technical construction should not be placed thereon which destroys the true meaning. Shiever v. State, 94 Ok”

   2 later decisions quote this exact passage
   e.g. Hale v. State · Sikes v. State

2. ““An affidavit for the procurement of a search warrant should not be based upon information and belief, but should state facts upon which the same is based; but when facts are stated in the affidavit, and the same are positive, and by one who has a right to know the facts, it is sufficient ground for the magistrate to issue the warrant. “In construing the affidavit as a basis for the issuance of a search warrant, the whole affidavit should be considered. While the affidavit and search warrant should be strictly construed, a technical construction should not be placed thereon, which destroys the true meaning.””

   2 later decisions quote this exact passage
   e.g. Sikes v. State · Jordon v. State

3. ““ * * * Tom Abney of lawful age, being first duly sworn on oath deposes and says: That in Garvin County, State of Oklahoma, on the 1st day of February, 1957, the above named defendant R. Q. Sikes in certain buildings and premises described as follows: at his place of residence, to-wit: buildings, houses, outhouses, all cars thereon and appurtenances thereunto belonging located on the following described premises, to-wit: South 70 feet, Lot 3, Block 261, in the City of Wynnewood, Garvin County, State of Oklahoma; the same being in part a private residence, and that which is a private residence, the same is a place of public resort in Garvin County, Oklahoma, did then and there, unlawfully and wilfully have in his possession and under his control and did then and there keep and does now have in his possession and under his control, and does now keep for the purpose of selling, bartering, giving away, and otherwise furnishing certain intoxicating liquors described as follows, to-wit: whiskey, wine, gin, alcohol and other alcoholic beverages. And affiant further says that defendant as aforesaid, at said place and in said building is now bartering, selling, and giving away intoxicating liquors, to-wit: whiskey, beer and wine and other compounds, the same being intoxicating, and which are capable of being used as a beverage, in violation of law, contrary to the form of the statutes in such cases made and provided and against the peace and dignity of the State of Oklahoma.””

   1 later decision quote this exact passage
   e.g. Sikes v. State