Miles v. Com.’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The existence of probable cause is determined by examining the “totality-of-the-circumstances.” “The task of the issuing magistrate is simply to make a practical, commonsense decision whether, given all the circumstances set forth in the affidavit before him, including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” The duty of the reviewing court is “simply to ensure that the magistrate had a ‘substantial basis for ... concluding]’ that probable cause existed.””

   2 later decisions quote this exact passage
   e.g. 24 Va. App. 738 - Polston v. Commonwealth · 31 Va. App. 584 - McGuire v. Commonwealth

2. “(1) [W]here the magistrate was misled by information in the affidavit which the affiant knew was false or should have known was false, (2) the issuing magistrate totally abandoned his judicial role, (3) the warrant was based on an affidavit "so lacking in indicia of probable cause" as to render official belief in its existence unreasonable or (4) where the warrant was so facially deficient that an executing officer could not reasonably have assumed it was valid.”

   2 later decisions quote this exact passage
   e.g. 19 Va. App. 642 - Robinson v. Commonwealth · 42 Va. App. 481 - Anzualda v. Commonwealth

3. “harbored an objectively reasonable belief in the existence of probable cause,”

   2 later decisions quote this exact passage
   e.g. 42 Va. App. 481 - Anzualda v. Commonwealth · 17 Va. App. 384 - Tart v. Commonwealth