State v. McCrary’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]ll of these questions are squarely within the authority of the trial court to make the factual findings as to these issues and to make the appropriate legal conclusions upon those facts. It is the trial court that is entrusted with the duty to hear testimony, weigh and resolve any conflicts in the evidence, find the facts, and, then based upon those findings, render a legal decision, in the first instance, as to whether or not a constitutional violation of some kind has occurred. .... Defendant is correct that the trial court did not make any specific findings addressing the availability of a magistrate at the time of the incident and the probable delay in seeking a warrant, although Deputy Fyle did testify about this matter, but it seems ... that the trial court considered the time factor in mentioning [that Deputy Fyle had a reasonable belief that there was an exigency based upon the] "additional time and uncertainties in how much additional time would be needed to obtain a search warrant." Without findings of fact on these details, however, we cannot properly review this conclusion. We must therefore remand this matter to the trial court for additional findings of fact as to the availability of a magistrate and the "additional time and uncertainties" in obtaining a warrant, as well as the "other attendant circumstances" that may support the conclusion of law that exigent circumstances existed.”

   1 later decision quote this exact passage · from the majority
   e.g. 264 N.C. App. 467 - State v. Gamez

2. “[W]e remand to the Court of Appeals with instructions to that court to vacate the portion of the trial court's ... order denying defendant's motion to suppress [the warrantless blood test] and further remand to the trial court for (1) additional findings and conclusions-and, if necessary-a new hearing on whether the totality of the events underlying defendant's motion to suppress gave rise to exigent circumstances, and (2) thereafter to reconsider, if necessary, the judgments ... entered[.]”

   1 later decision quote this exact passage · from the majority
   e.g. 264 N.C. App. 467 - State v. Gamez