Commonwealth v. Kiser’s Empirical Analysis

Citation profile

4 district · 5 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As the Supreme Court put it, ‘it is difficult to conceive of a warrantless home arrest that would not be unreasonable under the Fourth Amendment when the underlying offense is extremely minor.’ Welsh v. Wisconsin, 466 U.S. 740, 753 , 104 S.Ct. 2091 , 80 L.Ed.2d 732 (1984). Playing music — even so loudly that it disturbs the neighbors — is an extremely minor offense.”

   1 later decision quote this exact passage
   e.g. Barbosa v. Conlon

2. “[it] is true that two earlier Massachusetts cases decided in the late nineteenth century upheld an officer's right to enter a home without a warrant to quell a breach of the peace, but the noise that precipitated the officers' entries in those cases was that of violent fighting, with the attendant fear that someone inside was in physical danger.”

   1 later decision quote this exact passage
   e.g. Castagna v. Edwards

3. “[t]his situation does not involve the degree of exigency needed to bypass the Fourth Amendment.”

   1 later decision quote this exact passage
   e.g. Castagna v. Edwards