37 N.C. App. 513 - State v. Beaver’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]e cannot say that a white powder residue in a glass gives rise to facts of general knowledge or facts of a particular science so notoriously true as to support a reasonable belief on the part of the seizing officer that he was seizing contraband or evidence of a crime. We think that, absent specific testimony indicating particular knowledge on the part of the officer ..., a white powder residue in a glass must be taken as equally indicative of lawful substances and conduct as of contraband or unlawful conduct. Such would give rise to a mere suspicion, which will not support a finding of probable cause.”

   1 later decision quote this exact passage
   e.g. 259 N.C. App. 857 - State v. Lenoir

2. “[T]he arrest of . . . defendant!] and the later search of . . . [his] vehicle clearly arose from and were based upon the information obtained by virtue of the unlawful seizure of the [marijuana]. The evidence obtained by virtue of [this arrest] and searches was the product of actions not authorized by law and, thus . . . should have been excluded from evidence. See Wong Sun v. United States, 371 U.S. 471 , 9 L.Ed. 2d 441 , 83 S.Ct. 407 (1963), and Mapp v. Ohio, 367 U.S. 643 , 6 L.Ed. 2d 1081 , 81 S.Ct. 1684 (1961).”

   1 later decision quote this exact passage
   e.g. 90 N.C. App. 204 - State v. Braxton

3. “must be taken as equally indicative of lawful substances and conduct as of contraband or unlawful conduct.”

   1 later decision quote this exact passage
   e.g. 259 N.C. App. 857 - State v. Lenoir