Jensen v. State’s Empirical Analysis

Citation profile

1 district · 42 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Sufficient facts must appear on the face of the affidavit so that an appellate court can verily the factual basis for the judicial officer’s determination regarding the existence of probable case.”

   2 later decisions quote this exact passage
   e.g. State v. Coursey · Mason v. State

2. “(a) Issuance of search warrants; contents. — If the judge, justice of the peace or other magistrate finds that the facts recited in the complaint constitute probable cause for the search, that person may direct a warrant to any proper officer or to any other person by name for service. The warrant shall designate the house, place, conveyance or person to be searched, and shall describe the things or persons sought as particularly as possible. (b) Execution and return with inventory. — The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made forthwith and shall be accompanied by a written inventory of any property taken. The inventory shall be made and signed by the officer executing the warrant in the presence of the person from whose possession or premises the property was taken, if they are present, or if they are not present, in the presence of at least 1 witness. The judge shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.”

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

3. “The affidavits in question certainly satisfy the showing of “necessity” mandated by § 2308. In its request to search the defendant’s apartment and truck at night, the State submitted that since the defendant was presently in police custody and therefore aware of police involvement in the incident, he likely would seek to remove or destroy any evidence linking him to the crime. The articulated concern for the preservation of evidence distinguishes this case from Henry wherein this Court invalidated a warrant for failure to particularize the necessity for a nighttime search.”

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