473 So. 2d 1272 - State v. Inciarrano’s Empirical Analysis

Citation profile

1 federal appellate · 26 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication.”

   6 later decisions quote this exact passage
   e.g. Jatar v. Lamaletto · State v. Smith

2. “"[it] protects only those `oral communications' uttered by a person exhibiting an expectation of privacy under circumstances reasonably justifying such an expectation. This expectation of privacy does not contemplate merely a subjective expectation on the part of the person making the uttered oral communication but rather contemplates a reasonable expectation of privacy. A reasonable expectation of privacy under a given set of circumstances depends upon one's actual subjective expectation of privacy as well as whether society is prepared to recognize this expectation as reasonable." [e.o.]”

   4 later decisions quote this exact passage
   e.g. McDade v. State · 632 So. 2d 623 - Mozo v. State

3. ““If criminal acts waive privacy rights, as the majority implies, police have the right and duty to intrude without a warrant into a bedroom where the owner/resident is smoking marijuana, reasoning that the Fourth Amendment protection has ‘gone up in smoke’.””

   1 later decision quote this exact passage · from the dissent
   e.g. State v. McKinney