34 Okla. Crim. 52 - Phillips v. State’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““No search warrant shall issue but upon probable cause, supported by oath or affirmation describing as particularly as may be the place to be searched and the person or thing to be seized.””

   2 later decisions quote this exact passage
   e.g. 39 Okla. Crim. 293 - McCullough v. State · 41 Okla. Crim. 147 - Borthick v. State

2. ““The purpose of a verified complaint for search warrant is to invoke the judicial power of the magistrate, and, when filed, it is the duty of the magistrate to determine judicially if there is probable cause for believing the existence of the things stated in the affidavit. In so determining the magistrate exercises a judicial function. Whether or not he errs in his conclusion or whether or not the affidavit upon which the search warrant is obtained is true is not an issue under the trial of a case predicated upon evidence obtained by such search warrant.” Alvey v. Commonwealth, 199 Ky. 655 , 251 S. W. 856 ; Martin v. State, 36 Okla. Cr. 82 , 252 P. 451 .”

   1 later decision quote this exact passage
   e.g. 41 Okla. Crim. 147 - Borthick v. State

3. ““It is the rule in this state that, if the affidavit and search warrant are sufficient on their face, the evidence obtained by the search is admissible and the court will not permit the accused to show that the statements in the affidavit are not true, or to raise any question as to the accuracy or source of affiant’s information, or the means by which it wás obtained.””

   1 later decision quote this exact passage
   e.g. 39 Okla. Crim. 293 - McCullough v. State