State v. Nieves’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendant properly cites the cases of Carroll v. United States , 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 (1925) [,] and Chambers v. Maroney , 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970) [,] for explanation of the automobile exception to warrantless searches. However, the present situation presents a different rationale to support the search. The defendant exited his vehicle and fled. The vehicle was left running parked in the exitway of a parking lot. Thus, the search was conducted upon abandoned property. Courts have frequently admitted into evidence objects found by the police during the examination of an abandoned vehicle. Sometimes this is done on the ground that the defendant, by abandoning the vehicle, had no standing to object, and sometimes on the more general ground that such an examination is not a search under the justified expectation of privacy test of Katz v. United States , [ 389 U.S. 347 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967) ]. LaFavre, Search and Seizure)2d ed , Section 2.5a (West Publishing Co. 1987). "The courts have found cars to be abandoned when it appears the operator of the vehicle left the car behind in an effort to avoid apprehension by the police." [I]d. The Louisiana Supreme Court has held that police may lawfully seize abandoned property when there has been no prior unlawful intrusion into a citizen's right to be left alone. State v. Spears , 395 So.2d 762 (La. 1981). "An unprovoked abandonment presents independent legal basis for seiz”

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