United States v. Nepstead’s Empirical Analysis

Citation profile

19 federal appellate · 17 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The element of time can admittedly affect the validity of a search warrant. Since it is upon allegation of presently existing facts that a warrant is issued, it is essential that it be executed promptly, 'in order to lessen the possibility that the facts upon which probable cause was initially based do not become dissipated.’ If the police were allowed to execute the warrant at leisure, the safeguard of judicial control over the search which the fourth amendment is intended to accomplish would be eviscerated. Thus, a search pursuant to a 'stale’ warrant is invalid. It is generally accepted, however, that a warrant need only be executed within a reasonable time after its issuance, notwithstanding the presence of 'forthwith’ language in the warrant. Timeliness of execution should not be determined by means of a mechanical test with regard to the number of days from issuance, nor whether any cause for delay was per se reasonable or unreasonable. Rather it should be functionally measured in terms of whether probable cause still existed at the time the warrant was executed.” (Emphasis in original). (Footnotes omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. 46 Md. App. 521 - Donaldson v. State

2. “provided that the probable cause recited in the affidavit continues until the time of execution, giving consideration to the intervening knowledge of the officers and the passage of time”

   1 later decision quote this exact passage · from the majority
   e.g. Florea v. Clark County Washington