400 So. 2d 1247 - State v. Chivers’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... Coolidge ... stands for the proposition that for purposes of the Carroll [ v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 (1925)] doctrine, exigent circumstances do not exist if the police have had adequate time and probable cause prior to the search to procure a warrant. In that case, the evidence against Coolidge had accumulated over a two-and-a-half week period, and a warrant to search his automobile, which was regularly parked at his home, easily could have been obtained. In fact, a defective warrant signed not by a neutral magistrate but by the state attorney general was obtained. Thus, the state had to justify a warrantless search. The state thereupon argued that the valid arrest of Coolidge created an exigent circumstance, because he was then alerted and could have had his car removed from the home by someone else. The court rejected this argument on the basis that the police cannot create the exigency that serves as an exception to Fourth Amendment requirements by their own prior unreasonable action in failing to procure a valid warrant when probable cause to do so existed. (Emphasis in original.)”

   1 later decision quote this exact passage
   e.g. 516 So. 2d 964 - State v. Bennett