3 Kan. App. 2d 224 - State v. Kuchinsky’s Empirical Analysis

Citation profile

2 federal appellate · 4 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(6) When an investigative or law enforcement officer, while engaged in intercepting wire or oral communications in the manner authorized by this act, intercepts wire or oral communications relating to offenses other than those specified in the order authorizing the interception of the wire or oral communication, the contents thereof and evidence derived therefrom may be disclosed or used as provided in subsections (2) and (3) of this section. Such contents and evidence derived therefrom may be used under subsection (4) of this section when authorized or approved by a judge of competent jurisdiction, where such judge finds on subsequent application, made as soon as practicable, that the contents were otherwise intercepted in accordance with the provisions of this act, or with chapter 119 of title 18 of the United States code.””

   3 later decisions quote this exact passage
   e.g. United States v. Savaiano · State v. Gibson

2. ““It should be noted, however, that the judge who issued the January 12 order did not, expressly or implicitly, incorporate the ‘marijuana relating’ provision of the affidavit by reference. Nor did the state either orally or in writing, request not only an extension but also an amendment of the December 11 order, to protect the ‘marijuana conversations’ as evidence of marijuana offenses. The state did not clearly ‘notify’ the issuing court of the inadvertent evidence, and the pertinent paragraphs of the January 12 affidavit are insufficient to inform a judge that the marijuana related conversations would be considered as evidence of anything but part of the cocaine scheme.””

   3 later decisions quote this exact passage
   e.g. United States v. Savaiano · State v. Gibson

3. ““Had the defendants been charged with trafficking in cocaine or heroin, the marijuana-related conversations probably would have been admissible for the purpose of showing marijuana sales generated the funds for heroin and cocaine purchases. Here, however, the defendants were not charged with either cocaine or heroin trafficking or any other offense involving those specific drugs; they were charged with marijuana offenses. We think this distinction is highly relevant and determinative of the issues in this case.” 3 Kan. App. 2d at 227 .”

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