32 Va. App. 806 - Colaw v. Commonwealth’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) Where the magistrate was misled by information in the affidavit which the affiant knew was false or should have known was false, (2) the issuing magistrate totally abandoned his judicial role, (3) the warrant was based on an affidavit ‘so lacking in indicia of probable cause’ as to render official belief in its existence unreasonable or (4) where the warrant was so facially deficient that an executing officer could not reasonably have assumed it was valid.””

   3 later decisions quote this exact passage
   e.g. 51 Va. App. 565 - Lane v. Commonwealth · 49 Va. App. 605 - Cunningham v. Commonwealth

2. “[T]he exclusionary rule is designed to deter police misconduct rather than to punish the errors of judges and magistrates. In the ordinary case, an officer cannot be expected to question the magistrate’s probable-cause determination or his judgment that the form of the warrant is technically sufficient.”

   2 later decisions quote this exact passage
   e.g. 49 Va. App. 605 - Cunningham v. Commonwealth · 49 Va. App. 588 - Sowers v. Commonwealth

3. “Where a reasonable police officer has an objectively reasonable belief that the issuing magistrate had probable cause to issue the search warrant, the officer may rely upon the magistrate’s probable cause determination and the evidence will not be excluded, even though the affidavit may not have provided the magistrate ... with probable cause to issue the warrant.”

   1 later decision quote this exact passage
   e.g. 48 Va. App. 737 - Adams v. Commonwealth