Commonwealth v. PORTER P.’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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Even if a coinhabitant of the home had actual authority to consent to a search of the home, the consent would not extend to a closed suitcase, overnight bag, or gym bag located inside the home that did not belong to the coinhabitant.”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Kenneth M. Sobczak · 93 Mass. App. Ct. 172 - Commonwealth v. Hernandez

2. “all details [in the home] are intimate details, because the entire area is held safe from prying government eyes”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Almonor · Commonwealth v. Alexis

3. ““First, the police officer must base his conclusion of actual authority on facts, not assumptions or impressions. He must continue his inquiry until he has reliable information on which to base a finding of actual authority to consent. . . . Second, even when the consenting individual explicitly asserts that he lives there, if ‘the surrounding circumstances could conceivably be such that a reasonable person would doubt its truth,’ the police officer must make further inquiry to resolve the ambiguity. [Illinois v.] Rodriguez, supra at 188 . The police officer owes a duty to explore, rather than ignore, contrary facts tending to suggest that the person consenting to the search lacks actual authority. Police must not only thoroughly question the individual consenting to the search with respect to his or her actual authority, but also pay close attention to whether the surrounding circumstances indicate that the consenting individual is truthful and accurate in asserting common authority over the premises.””

   1 later decision quote this exact passage · from the dissent
   e.g. Commonwealth v. Lopez