Commonwealth v. White’s Empirical Analysis

Citation profile

30 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"physical absence from the home at the time of the search does not establish that the search was not directed at [the defendant] or that it did not violate his right of privacy. An individual's Effects and Possessions are constitutionally protected from unreasonable search and seizure as well as his person." White , 459 Pa. at 89 , 327 A.2d 40 .”

   3 later decisions quote this exact passage · from the majority
   e.g. 395 Pa. Super. 629 - Commonwealth v. Ferretti · State v. Dannebohm

2. “When a prosecutor seeks to rely upon consent to justify the lawfulness of a search, he has the burden of proving that the consent was, in fact, freely and voluntarily given. This burden cannot be discharged by showing no more than acquiescence to a claim of lawful authority. A search conducted in reliance upon a warrant cannot later be justified on the basis of consent if it turns out that the warrant was invalid. The result can be no different when it turns out that the State does not even attempt to rely upon the validity of the warrant, or fails to show that there was, in fact, any warrant at all. When a law enforcement officer claims authority to search a home under a warrant, he announces in effect that the occupant has no right to resist the search. The situation is instinct with coercion — albeit colorably lawful coercion. Where there is coercion there cannot be consent.”

   1 later decision quote this exact passage · from the majority
   e.g. 408 Pa. Super. 188 - Commonwealth v. Bagley

3. “The fourth amendment to the Constitution of the United States guarantees that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” To the same effect is Pa. Const. art. I, § 8, P.S. These rights are personal in nature. “There is no necessity to exclude evidence against one [person] in order to protect the rights of another. No rights of the victim of an illegal search are at stake when the evidence is offered against some other party.” In order to obtain standing to challenge the legality of the search, [a defendant] must establish that he, rather than [another], was the victim of an invasion of privacy.”

   1 later decision quote this exact passage · from the majority
   e.g. Commonwealth v. Hawkins