State v. Philbrick’s Empirical Analysis

Citation profile

35 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Abandonment is primarily a question of intent, and intent may be inferred from words spoken, acts done, and other objective facts. All relevant circumstances existing at the time of the alleged abandonment should be considered. United States v. Colbert, 5th Cir. 474 F.2d 174, 176 (1973). Abandonment in the constitutional sense, i.e., in the law of search and seizure, exists only if the defendant has voluntarily discarded the property, left it behind, or otherwise relinquished his interest therein under circumstances indicative of his foregoing any further reasonable expectation of privacy with regard to it at the time of the search. Id., at 176 ; City of St. Paul v. Vaughn, supra, 237 N.W.2d at 370-71 .”

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

2. “Having let the cat out of the bag by making inadmissible statements in a custodial interrogation context, an accused’s subsequent statements, even if made under proper Miranda warnings, must be viewed as given under the psychological pressures of having already made those incriminating statements and must be considered as the fruit of the first unlawful interrogation....”

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

3. “he merely left [it] behind him, more or less of necessity, making no attempt, however, to discard it or disassociate it from himself.”

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