388 So. 2d 1326 - State v. Schultz’s Empirical Analysis

Citation profile

12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Abandonment of personal property is the intention to part with the property forever. While an individual may demonstrate an intention to forever part with his trash by placing it in a container at the rear of his home or in a garage or carport, he may still harbor a reasonable expectation of privacy in it in the sense that it is retrievable. We are of the view, however, that once the trash is deposited on the swale for collection it is unreasonable to expect that its security will remain inviolate until it is commingled with all other trash. As the Court stated in United States v. Mustone, supra, "Implicit in the concept of abandonment is a renunciation of any `reasonable' expectation of privacy in the property abandoned. The contrary suggestion strikes us as anomalous." 469 F.2d at 972.”

   2 later decisions quote this exact passage · from the majority
   e.g. Stone v. State · 722 So. 2d 916 - Cliett v. State

2. “As we have seen, the trash can was within a few feet of the back door of defendants’ home and required trespass for its inspection. It was an adjunct to the domestic economy, [citation omit ted]. Placing the marijuana in the trash can, so situated and used, was not an abandonment unless as to persons authorized to remove the receptacle’s contents, such as trashmen. [citation omitted]. The marijuana itself was not visible without “rummaging” in the receptacle. So far as appears defendants alone resided at the house. In light of the combined facts and circumstances it appears that defendants exhibited an expectation of privacy, and we believe that expectation was reasonable under the circumstances of the case. We can readily ascribe many reasons why residents would not want their castaway clothing, letters, medicine bottles or other telltale refuse and trash to be examined by neighbors or others, at least not until the trash has lost its identity and meaning by becoming part of a large conglomeration of trash elsewhere. Half truths leading to rumor and gossip may readily flow from an attempt to “read” the contents of another’s trash.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Certain Real Property Located at 987 Fisher Road