Kitchens v. State’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. “'[w]eight and credibility to be attached to the testimony of witnesses at a suppression hearing is a question for the trial judge.' Kitchens v. State , 445 So.2d 1000 , 1002 (Ala.Cr.App. 1984).”

   4 later decisions quote this exact passage
   e.g. 655 So. 2d 1074 - Smiley v. State · 589 So. 2d 781 - Jackson v. State

2. “"`[P]ermits a warrantless seizure of evidence if the seizing officer 1) has prior justification for the intrusion, 2) comes upon the evidence inadvertently, and 3) immediately recognizes the objects discovered as evidence of wrongdoing.' Myers v. State , 431 So.2d 1342 , 1344 (Ala.Cr.App. 1982), cert. quashed, 431 So.2d 1346 (Ala. 1983). See also Coolidge v. New Hampshire , 403 U.S. 443 , 91 S.Ct. 2022 , 29 L.Ed.2d 564 (1971); Herrin v. State , 349 So.2d 103 (Ala.Cr.App.), cert. denied, 349 So.2d 110 (Ala. 1977)."”

   1 later decision quote this exact passage
   e.g. 466 So. 2d 196 - Dale v. State

3. “it is not necessary that the seizing officer be convinced beyond a reasonable doubt as to the incriminating nature of the evidence discovered. The evidence needs only to raise the probability that criminal activity is afoot.”

   1 later decision quote this exact passage
   e.g. 472 So. 2d 677 - Smith v. State