403 So. 2d 1227 - State v. Jeffcoat’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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The facts necessary to show probable cause may be established by hearsay evidence. Jones v. United States, 362 U.S. 257 [ 80 S.Ct. 725 , 4 L.Ed.2d 697 ] (1960); State v. Paciera, 290 So.2d 681 (La.1974). The Supreme Court in Aguilar v. Texas, 378 U.S. 108 [ 84 S.Ct. 1509 , 12 L.Ed.2d 723 ] (1964), laid down the test by which information given the affiant by an unidentified informant could be considered by the magistrate in determining if there was probable cause upon which a search warrant should issue. `[T]he magistrate must be informed of some of the underlying circumstances from which the informant concluded that the narcotics were there where he claimed they were and some of the underlying circumstances from which the officer concluded that the informant, whose identity need not be disclosed ... was "credible" or his information "reliable".' 378 U.S. at 114-115 [ 84 S.Ct. at 1513-14 ]. "A careful analysis of Aguilar reveals that its two-part test is designed to perform different functions. The first part is designed to insure that the informant obtained his information by personal observation, or in some other dependable manner rather than through mere rumor. This `basis of knowledge' test is a corollary of the Fourth Amendment's requirement that the magistrate, and not the police officer-affiant or his informant, shall weigh the facts and decide whether they establish probable cause. See Spinelli v. United States, 393 U.S. [410] at 424 [ 89 S.Ct. 584, at 593 , 21 L.Ed.2”

   1 later decision quote this exact passage
   e.g. 408 So. 2d 911 - State v. Hernandez

2. “The facts necessary to show probable cause may be established by hearsay evidence. Jones v. United States, 362 U.S. 257 , 80 S.Ct. 725 , 4 L.Ed.2d 697 (1960); State v. Paciera, 290 So.2d 681 (La.1974). The Supreme Court in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964), laid down the test by which information given the affiant by an unidentified informant could be considered by the magistrate in determining if there was probable cause upon which a search warrant should issue. “[T]he magistrate must be informed of some of the underlying circumstances from which the informant concluded that the narcotics were there where he claimed they were and some of the underlying circumstances from which the officer concluded that the informant, whose identity need not be disclosed ... was ‘credible’ or his information ‘reliable.’ ” 378 U.S. at 114-115 , 84 S.Ct. at 1514 , 12 L.Ed.2d at 729 .”

   1 later decision quote this exact passage
   e.g. 424 So. 2d 260 - State v. Rayes