State v. Schmitz’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The proper inquiry is whether or not the search was reasonable under the circumstances. It is essential that the particularity requirement be applied with some degree of flexibility, depending on the type of property to be seized. The purpose of the particularity requirement is to minimize the chances that the executing officer will exceed the scope of the permissible search because of confusion or uncertainty. A rigid and unrealistic reading of a search warrant is not mandated. What constitutes reasonable particularity must be determined in light of practicality, necessity and common sense.”

   1 later decision quote this exact passage
   e.g. State v. Driscoll

2. “automatically reverse for more definite findings if the trial court's reasoning is fairly discernible by deduction or inference.”

   1 later decision quote this exact passage
   e.g. State v. Wolfer

3. “conducted according to the limitations placed upon an officer's right to search by the consent.”

   1 later decision quote this exact passage
   e.g. State v. Guscette