Dutton R. Miller v. Maurice H. Sigler, Warden’s Empirical Analysis

Citation profile

29 federal appellate · 4 district · 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Petitioner complains there was no showing before the magistrate that Officer McAdams was competent to identify the odor of marijuana. This contention is likewise without merit. If the officer presented hearsay evidence to the effect that someone else had smelled marijuana, perhaps some indication of this person’s competence might be required by the magistrate. But when the police officer states that he personally witnessed the odor of narcotics, the magistrate should not be required to examine the officer’s competency. Probable cause is not absolute certainty. The magistrate was no doubt aware that metropolitan police officers are usually familiar with narcotics, and that marijuana has an odor that is not commonly found in an urban apartment. Therefore, when an officer personally states that he detected the odor of marijuana from a particular room in an apartment dwelling, certainly this is sufficient probable cause to issue the requested warrant for a search of the room without initiating an examination of the officer’s ability to accurately distinguish between narcotics and other similar odors. In addition if petitioner’s suggestion were followed it would add still another obstacle to effective law enforcement and further hamstring the police in their legitimate efforts to combat crime.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Cunningham · 433 So. 2d 636 - Younger v. State

2. ““Before a search warrant may issue two steps must be taken. The application must be supported by ‘Oath or affirmation, * * * describing the place to be searched, and the persons or things to be seized.’ Next, the Fourth Amendment requires a showing of ‘probable cause.’ Even though the affidavit of the officer is not constitutionally sufficient, in itself, to support a finding of probable cause, it nonetheless fills the requirements of a proper ‘Oath or affirmation’ describing the place to be searched and the thing to be seized. In addition, it can be considered some evidence to support a finding of the necessary probable cause. Aguilar v. State of Texas, supra, however, demands something more than this bare affidavit. The ‘something more’ was supplied by Officer McAdams in his statement to the magistrate that he personally observed the odor of marijuana outside of the described premises.””

   1 later decision quote this exact passage · from the majority
   e.g. Frazier v. Roberts