Henry v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A search warrant shall not authorize the person executing it to search any dwelling house in the nighttime unless the judge, justice of the peace or magistrate is satisfied that it is necessary in order to prevent the escape or removal of the person or thing to be searched for, and then the authority shall be expressly given in the warrant. For purposes of this section the term “nighttime” shall mean the period of time between 10:00 p.m. and 6:00 a.m.”

   4 later decisions quote this exact passage
   e.g. Hanna v. State · Mason v. State

2. “[Sufficient facts showing that a nighttime search is necessary to prevent the escape or removal of the person or the thing must appear on the face of the affidavit before such a search may be authorized. Only in this way can a reviewing court verify existence of the statutory requirements.”

   3 later decisions quote this exact passage
   e.g. Mason v. State · Jensen v. State

3. ““The elements of the requisite ‘satisfaction’ and the documentation thereof are not announced in the statute but, clearly, something more is required than the Alice-in-Wonderland explanation offered by the State; namely, issuance of the warrant shows that the magistrate was satisfied because he would not have issued it if he were not.””

   2 later decisions quote this exact passage
   e.g. State v. Paul · State v. Fitch