Birchead v. State’s Empirical Analysis

Citation profile

108 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 110 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Our review of the judge’s decision to issue the search warrants is limited to whether there was a substantial basis for concluding that the evidence sought would be discovered in the place described in the application for the warrant____ Moreover, we generally pay great deference to a magistrate’s determination of probable cause. (Citations omitted).””

   8 later decisions quote this exact passage
   e.g. State v. Jones · State v. Johnson

2. ““That the police confirmed that two of the suspects had been charged in the past with possession of a controlled dangerous substance (one with intent to distribute) was a factor to be taken into account in applying the ‘totality of the circumstances’ formulated in Gates.” (Emphasis supplied).”

   3 later decisions quote this exact passage
   e.g. 147 Md. App. 113 - State v. Riley · 84 Md. App. 461 - State v. Amerman

3. “reviewing affidavits on a probable cause determination, “when a magistrate has found probable cause, the courts should not invalidate the warrant by interpreting the affidavit in a hypertechnical, rather than a commonsense [sic], manner. Although in a particular case it may not be easy to determine when an affidavit demonstrates the existence of probable cause, the resolution of doubtful or marginal cases in this area should be largely determined by the preference to be accorded to warrants.””

   2 later decisions quote this exact passage
   e.g. 123 Md. App. 599 - Braxton v. State · 151 Md. App. 64 - Behrel v. State