Paschal v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The measure of the legality of warrant-less searches and seizures is whether the seizing officers have probable cause for believing that the automobile they stop contains stolen property, illegal contraband or other fruits of a crime. . [T]he officers . . could rely on the radio broadcast but the subsequent determination by any court as to probable cause must necessarily turn on all the circumstances giving rise to the police dispatch. . . .” (Citations omitted.)”

   3 later decisions quote this exact passage · from the majority
   e.g. Brinnon v. State. · 371 So. 2d 962 - Rudolph v. State

2. ““ . . . [Tjhere is no evidence of the underlying circumstances which gave rise to the dispatch; there is merely the naked fact that a radio dispatch had described an automobile that fit the description of the defendant’s automobile.” 365 So.2d at 682”

   2 later decisions quote this exact passage · from the majority
   e.g. 494 So. 2d 716 - Spann v. State · 376 So. 2d 826 - Allen v. State

3. “Therefore, in effect, the Court of Criminal Appeals held in the present case that the requirement of probable cause — which is necessary in any search, warrantless or not, see United States v. Brennan , 538 F.2d 711 (5th Cir. 1976), was satisfied by the radio dispatch, and the radio dispatch alone. Such a holding, however, is contrary to that Court's earlier decision in Owens v. State , 51 Ala. App. 50 , 282 So.2d 402 , cert. denied 291 Ala. 794 , 282 So.2d 417 (1973). In Owens, supra , an officer observed a man getting into an automobile near the scene of a burglary. He radioed headquarters with a description of the automobile. An all points bulletin (A.P.B.) was then put out by the radio operator. Law enforcement officers in another town heard the radio report, stopped the automobile and then searched it. The Court of Criminal Appeals held that: [T]he [arresting] officers at Town Creek could rely on the radio broadcast but the subsequent determination by any court as to probable cause must necessarily turn on all the circumstances giving rise to the police dispatch. . . . (emphasis added). The court went on to find that on the facts of that case there was no probable cause to search the automobile. In the present case there is no evidence of the underlying circumstances which gave rise to the dispatch; there is merely the naked fact that a radio dispatch had described an automobile that fit the description of the defendant's automobile. As Owens clearly shows, this is insuf”

   1 later decision quote this exact passage · from the majority
   e.g. Ex Parte State