Carlton v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'[ Where the purpose of the search is to find specific property, it should be so particularly described as to preclude the possibility of seizing any other. On the other hand, if the purpose be to seize, not specified property, but any property of a specified character, which, by reason of its character and of the place where and the cireumstances under which it may be found, if found at all, would be illicit, a description, save as to such character, place, and cireumstances, would be unnee-essary and, ordinarily, impossible; as, for instance, where the search is ordered for dies for the counterfeiting of money, or for opium, or gambling devices, or lottery tickets, or intoxicating liquors, alleged to be held in possession unlawfully, and the same is true though the illegality may consist in the intended use rather than the mere possession of the property.”

   3 later decisions quote this exact passage
   e.g. Taylor v. State · 483 So. 2d 81 - Sims v. State

2. “... We simply cannot uphold the argument that the validity of a search warrant should depend, in large part, on whether the issuing magistrate had the ability and information to describe the property with a greater degree of particularity than he did. A valid warrant is always based on an affidavit which particularly describes the place to be searched and the person and thing to be seized. § 933.05, Fla. Stat. (1981).”

   3 later decisions quote this exact passage
   e.g. State v. Franque · 472 So. 2d 896 - State v. Schrager

3. “"The [lower appellate court] noted that the description requirements of the United States and Florida Constitutions `must be given a reasonable interpretation consistent with the type or character of the property sought.' ... The [lower appellate] court quoted from a federal district court decision ... for the proposition that a looser description is allowable where the property to be seized is not innocuous but is `prima facie contraband.'... ".... "... We simply cannot uphold the argument that the validity of a search warrant should depend, in large part, on whether the issuing magistrate had the ability and information to describe the property with a greater degree of particularity than he did. A valid warrant is always based on an affidavit which particularly describes the place to be searched and the person and thing to be seized. § 933.05, Fla. Stat. (1981). "The particularity requirement of warrants has a two-fold purpose. Perhaps the most frequently quoted statement in this regard is that of Justice Butler in Marron v. United States, 275 U.S. 192, 196 , 48 S.Ct. 74, 76 , 72 L.Ed. 231 (1927): "`The requirement that warrants shall particularly describe the things to be seized makes general searches under them impossible and prevents the seizure of one thing under a warrant describing another. As to what is to be taken, nothing is left to the discretion of the officer executing the warrant.' ".... "... We fail to see how justice is being furthered by mandating that a war”

   1 later decision quote this exact passage
   e.g. Ex Parte Jenkins