461 So. 2d 88 - State v. LeCroy’s Empirical Analysis

Citation profile

1 federal appellate · 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he derivative evidence analysis ensures that the prosecution is not put in a worse position simply because of some earlier police error or misconduct. The independent source doctrine allows admission of evidence that has been discovered by means wholly independent of any constitutional violation... . The independent source doctrine teaches us that the interest of society in deterring unlawful police conduct and the public interest in having juries receive all probative evidence of a crime are properly balanced by putting the police in the same, not a worse, position than they would have been in if no police error or misconduct had occurred... . When the challenged evidence has an independent source, exclusion of such evidence would put the police in a worse position than they would have been in absent any error or violation. There is a functional similarity between these two doctrines in that exclusion of evidence that would inevitably have been discovered would also put the government in a worse position, because the police would have obtained that evidence if no misconduct had taken place. (Citations and footnote omitted.) (Emphasis in text.)”

   2 later decisions quote this exact passage
   e.g. 488 So. 2d 77 - Hayes v. State · 500 So. 2d 240 - State v. Griffith

2. “[t]his statement is taken primarily in order to refresh your memory at the time you may be called upon to testify, if and when this matter goes to court.”

   2 later decisions quote this exact passage
   e.g. State v. RM · 500 So. 2d 240 - State v. Griffith