State v. Ross’s Empirical Analysis

Citation profile

2 federal appellate · 32 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘[W]hen one disclaims interest in the premises or possessions searched or in the articles seized he cannot question the legality of the search and seizure .... ’ Bowman v. State, 211 Tenn. 38, 41 , 362 S.W.2d 255, 257 (1962). In fact, at least one of our previous decisions suggests that when a defendant disclaims an interest in the.object of a police investigation at the time of the search, then this fact alone will deprive a defendant of any expectation of privacy, irrespective of considerations such as ownership or possession. See Miller v. State, 520 S.W.2d 729, 733-34 (Tenn. 1975). “Although at least one commentator has maintained that mere disclaimer of ownership, unlike actual abandonment of ownership, should not defeat an expectation of privacy, see 5 Wayne R. LaFave, Search and Seizure § 11.3(a), at 128, 187 (3d ed.1996) (specifically noting our decision in Miller), we continue to hold otherwise. In the vast majority of jurisdictions, courts have equated a denial or disclaimer of an interest in the object of a search with formal abandonment, because like abandonment, ‘[tjaken at face value, this denial makes it reasonable to conclude that the defendant claims no possessory interest’ in the object of the search. See, e.g., United States v. Basinsk i, 226 F.3d 829, 837 (7th Cir.2000). In fact, several federal circuits have held that a disclaimer or denial of ownership ‘demonstrates sufficient intent of disassociation to prove abandonment,’ United States v. Lewis, 921 ”

   1 later decision quote this exact passage · from the concurrence
   e.g. Okafor v. State

2. “(1) [whether the defendant owns the property seized]; (2) whether the defendant has a possessory interest in the thing seized; (3) whether the defendant has a possessory interest in the place searched; (4) whether he has the right to exclude others from that place; (5) whether he has exhibited a subjective expectation that the place would remain free from governmental invasion; (6) whether he took normal precautions to maintain his privacy; and (7) whether he was legitimately on the premises.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Talley

3. “[t]hat the people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and that general warrants, whereby an officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty and ought not to be granted.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Cothran