State v. Missouri’s Empirical Analysis

Citation profile

41 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the present case, Missouri and Curtis testified that they had grown up *Page 8 together and were `good friends.' Missouri had frequently visited Sibert's apartment in the past and occasionally spent the night. Missouri described the Sibert home as a place to `get away' and as a place to `find comfort.' At times, Missouri had a key to the Siberts' apartment and kept a change of clothes there. He paid nothing to use the apartment and was there for at least seven hours on the day of the search. {¶ 19} "By choosing to share the privacy of their home with Missouri on several occasions in the past and on the occasion in question, both the Siberts and Missouri demonstrated a subjective expectation of privacy, and that expectation, we hold, is one that society is prepared to recognize as reasonable. See Oliver , 466 U.S. at 177 , 104 S.Ct. at 1741 (citing Katz , 389 U.S. at 361 , 88 S.Ct. at 516 (Harlan, J., concurring) (a reasonable expectation of privacy is both subjective and objective in nature)). Moreover, the trial judge's findings of fact support his ruling that Missouri's expectation of privacy in the Sibert home was reasonable. See Brockman , 339 S.C. at 66 , 528 S.E.2d at 666 (an appellate court must affirm if there is any evidence in the record supporting the trial judge's ruling). Therefore, we reverse the court of appeals' decision.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Henderson, 22062 (3-14-2008)

2. “A legitimate expectation of privacy is both subjective and objective in nature: the defendant must show (1) he had a subjective expectation of not being discovered, and (2) the expectation is one that society recognizes as reasonable.”

   1 later decision quote this exact passage
   e.g. State v. Brown

3. “When reviewing a Fourth Amendment search and seizure case, an appellate court must affirm the trial court's ruling if there is any evidence to support it; the appellate court may reverse only for clear error.”

   1 later decision quote this exact passage
   e.g. State v. Cardwell