Commonwealth v. Lutz’s Empirical Analysis

Citation profile

2 federal appellate · 29 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. . . nowhere in those sections is there an express grant of a warrantless right of entry.”

   4 later decisions quote this exact passage
   e.g. Reiter v. Commonwealth · Lutz v. Commonwealth

2. “The Legislature hereby determines, declares and finds that, since improper and inadequate solid waste practices create public health hazards, environmental pollution, and economic loss, and cause irreparable harm to the public health, safety and welfare, it is the purpose of this act to: (1) establish and maintain a cooperative State and local program of planning and technical and financial assistance for comprehensive solid waste management; (2) encourage the development of resource recovery as a means of managing solid waste, conserving resources, and supplying energy; (3) require permits for the operation of municipal and residual waste processing and disposal systems, licenses for the transportation of hazardous waste and permits for hazardous waste storage, treatment and disposal; (4) protect the public health, safety and welfare from the short and long term dangers of transportation, processing, treatment, storage, and disposal of all wastes; (5) provide a flexible and effective means to implement and enforce the provisions of this act. . . .”

   1 later decision quote this exact passage · from the dissent
   e.g. Commonwealth v. Blosenski Disposal Service

3. “An agent or employee of the department may apply for a search warrant to any Commonwealth official authorized to issue a search warrant for the purposes of inspecting or examining any property, building, premise, place, book, record or other physical evidence, of conducting tests, or of taking samples of any solid waste. Such warrant shall be issued upon probable cause. It shall be sufficient probable cause to show any of the following: (1) that the inspection, examination, test, or sampling is pursuant to a general administrative plan to determine compliance with this act; (2) that the agent or employee has reason to believe that a violation of this act has occurred or may occur; or (3) that the agent or employee has been refused access to the property, building, premise, place, book, record or physical evidence, or has been prevented from conducting tests or taking samples.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Commonwealth v. Blosenski Disposal Service