43 Wash. App. 253 - State v. Burgess’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the detention of the truck in this manner was valid as a reasonably limited intrusion into Burgess’s right “to be secure” in his “effects” protected by the Fourth Amendment against “unreasonable searches and seizures.” Warrantless seizures may be justified where police officers are faced with emergencies or exigencies which do not permit reasonable time and delay for a judicial officer to evaluate and act upon an application for a warrant. [Citations omitted.] Here, the officers deflated the truck tires during the time when several of them were in pursuit of a burglary suspect they believed was Burgess. The deflation of his truck tires, unaccompanied by any exploratory search at that time, was reasonably restricted in time and place and necessary to prevent the suspect from fleeing the scene of the burglary. If the officers had not deflated the tires, they would have been faced with the possibility that Burgess would remove the truck, taking its contents with him. The officers did not obtain any evidence from this seizure. The search of the automobile did not occur until they possessed additional incriminating information, justifying a more extensive intrusion.”

   1 later decision quote this exact passage
   e.g. State v. Van Ackeren

2. “For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross examination but only if the crime . . . was punishable by death or imprisonment in excess of 1 year under the law under which he was convicted, and the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the defendant. . .”

   1 later decision quote this exact passage
   e.g. 50 Wash. App. 412 - State v. Allen

3. “the similarities [between the crimes] were sufficiently probative on the issue of identity to outweigh any prejudice.”

   1 later decision quote this exact passage
   e.g. State v. Colvin