351 So. 2d 668 - Smith v. State’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(1) An intentional misstatement by an affiant-agent, whether material or immaterial to showing probable cause; or (2) a negligent or unreasonable assertion in an affidavit, if material to showing probable cause but not where (3) the mistake is innocent, even if material to probable cause."”

   2 later decisions quote this exact passage
   e.g. 376 So. 2d 205 - Richardson v. State · 456 So. 2d 341 - Reese v. State

2. “"Judging from the listed items seized as shown in the lengthy return, their pharmaceutical character, names, labels and containers, a reasonable person would be impressed that the several rooms, residence and the curtilage room were used as a storage place for drugs and empty drug containers. "All of this evidence shed light on the use of the premises for drug use and traffic on this residential property. The presence of these items so listed on the return, which was introduced in evidence, created an atmosphere of drug possession and traffic. It is true that only the codeine tablets were mentioned in the indictment, but most of the seized items so listed were related thereto. The presence of the listed items on the premises was a part of the res gestae of the search. They were a part of the same transaction."”

   1 later decision quote this exact passage
   e.g. 437 So. 2d 636 - Woods v. State

3. ““[T]he weight and credibility to be attached to the testimony of the witnesses during the suppression hearing . was a question for the judge . . . .””

   1 later decision quote this exact passage
   e.g. 371 So. 2d 999 - Brumback v. State