State v. Carter/Grant’s Empirical Analysis

Citation profile

8 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. “Omissions are of significance when evaluating an affidavit for a warrant. Here the affidavit omitted any conclusion drawn as to the nature of the green plant observed or whether affiant, as a person trained and experienced in identifying marijuana visually, drew any conclusion. The affidavit included no information as to why commonplace observation of a green plant in a residence window would support a finding, or probable cause to believe that the plant the observer saw was marijuana. It is not a particular fact causing one to believe that the seizable thing is there. Those comments are not a criticism of what the officer put in his affidavit. Rather, simply stated, what the affidavit included was not enough, because it did not state that the plant observed was, or was believed to be, marijuana.”

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

2. “During the last two (2) years I made at least eleven (11) aerial observations of what I stated was growing marijuana. On each occasion recovery on the ground confirmed my aerial sighting.”

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

3. “color and a plant stem were `consistent with' marijuana.”

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