534 So. 2d 1132 - Hyde v. State’s Empirical Analysis

Citation profile

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

1. “"Probable cause must be determined by an analysis of 'the totality of the circumstances.' Illinois v. Gates , 462 U.S. 213 , 238 [ 103 S.Ct. 2317 , 76 L.Ed.2d 527 ] (1983). In determining whether to issue a search warrant, the issuing magistrate is to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the veracity and basis of knowledge of the person supplying the information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. Illinois v. Gates; Hyde v. State , 534 So.2d 1132 (Ala.Cr.App. 1988). Our duty as a reviewing court is to ensure that the magistrate had a substantial basis for concluding that probable cause existed. Illinois v. Gates; McCray v. State , 501 So.2d 532 (Ala.Cr.App. 1986); Hyde v. State. Probable cause may be based on hearsay from a reliable source if there is a disclosed, reliable basis for the information. *Page 74 Illinois v. Gates , 462 U.S. at 245 [ 103 S.Ct. at 2335 ]. . . ."”

   2 later decisions quote this exact passage
   e.g. Witcher v. State · 771 So. 2d 1070 - Loggins v. State

2. ““make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of a reviewing court is simply to ensure that the magistrate had a ‘substantial basis for concluding’ that probable cause existed.””

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

3. “A search warrant can only be issued on probable cause, supported by an affidavit naming or describing the person and particularly describing the property and the place to be searched.”

   1 later decision quote this exact passage
   e.g. 575 So. 2d 611 - Marks v. State