State v. Guard’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) whether the defendant had a property interest in the premises; (2) whether he [or she] was legitimately (lawfully) on the premises; (3) whether he [or she] had complete dominion and control and the right to exclude others; (4) whether he [or she] took precautions customarily taken by those seeking privacy; (5) whether he [or she] put the property to some private use; and (6) whether the claim of privacy is consistent with historical notions of privacy.”

   2 later decisions quote this exact passage
   e.g. 384 Wis. 2d 359 - State v. Baric · State v. Tentoni

2. “1. Wb.eth.er the person had a property interest in the premises; 2. Whether the person was legitimately on the premises; 3. Whether the person had complete dominion and control and the right to exclude others; 4. Whether the person took precautions customarily taken by those seeking privacy; 5. Whether the person put the property to some private use; and 6. AVhether the claim of privacy is consistent with historical notions of privacy.”

   1 later decision quote this exact passage
   e.g. 359 Wis. 2d 624 - State v. Dumstrey

3. “Whether a person has a reasonable expectation of privacy depends on (1) whether the individual has exhibited an actual, subjective expectation of privacy in the area inspected and ... (2) whether society is willing to recognize such an expectation of privacy as reasonable.”

   1 later decision quote this exact passage
   e.g. 359 Wis. 2d 624 - State v. Dumstrey