340 So. 2d 1365 - State v. Hearn’s Empirical Analysis

Citation profile

11 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. “". . . Although probable cause need not arise `coincidentally with the occurrence of the exigent or unforeseeable circumstance,' State v. Tant, 287 So.2d 458, 460 , the facts which are alleged to constitute `exigent circumstances' should not be considered as such if they are of a continuing nature giving ample opportunity for the law enforcement personnel to seek a neutral magistrate's judgment as to the existence of probable cause. However, the facts adduced at the motion to suppress reveal that during the four hour interval between the van's departure from Dallas until it was searched it was not practicable for the police officers to secure a warrant. There was evidence that the police reasonably thought probable cause might not have been established until the informant's tip was confirmed by the vehicle's entry into its reported destination, Lincoln Parish. Although a number of police officers were utilized to carry out the surveillance of the van from Dallas to Lincoln Parish, the surveillance was not shown to have been a well organized, supervised and synchronized operation, as some officers along the route only had a portion of the information about the case. Finally, Trooper Payne had the information which would have to be conveyed via an affidavit to a magistrate in order to get a search warrant. However, Trooper Payne was an integral part of the surveillance operation following the van from Dallas and he did not have adequate time during the short four hour delay to ”

   3 later decisions quote this exact passage
   e.g. State ex rel. Wagster · 347 So. 2d 167 - State v. Lain

2. “make the securing of a search warrant impracticable. E. g. State v. Hearn, supra ; State v. Jones, 315 So.2d 270 (La.1975); State v. Massey, 310 So.2d 557 (La.1975). The rationale of the automobile exception is that”

   1 later decision quote this exact passage
   e.g. 347 So. 2d 167 - State v. Lain