549 So. 2d 598 - Helms v. State’s Empirical Analysis

Citation profile

1 district · 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[T]he leading case on this issue is Ybarra v. Illinois , 444 U.S. 85 [ 100 S.Ct. 338 , 62 L.Ed.2d 238 ], . . . (1979). In Ybarra , the United States Supreme Court held that the Fourth and Fourteenth Amendments will not be construed to permit evidence searches of persons who, at the commencement of the search, are on 'compact' premises subject to a search warrant, but are not named or described in the warrant, even where the police have a 'reasonable belief' that such persons 'are connected with' drug trafficking and 'may be concealing or carrying away the contraband.' 444 U.S. at 94 [ 100 S.Ct. at 344 ] . . . This court, as well as all other courts in this land, is obliged to follow this decision. "Alabama courts, in following the dictates of Ybarra , have held that a warrant to search designated premises will not authorize the search of every individual who happens to be on the premises. Travis v. State , 381 So.2d 97 , 101 (Ala.Cr.App. 1979), cert. denied , 381 So.2d 102 (Ala. 1980). Neither does the fact that law enforcement officials have a warrant to search the house of an accused's girl friend authorize a search of the accused simply because of his presence at the place being searched. Denson v. State , 375 So.2d 1275 , 1276 (Ala.Cr.App.), cert. denied , 375 So.2d 1276 (Ala. 1979). Furthermore, a search warrant authorizing the search of 'each and every person present in or near said mobile home' for drugs has been held 'too broad' to pass constitutional muster. Peavy v”

   1 later decision quote this exact passage
   e.g. 593 So. 2d 97 - Brooks v. State

2. “These exceptions are: (1) plain view, (2) consent, (3) incident to lawful arrest, (4) hot pursuit or emergency situations, (5) exigent circumstances coupled with probable cause, and (6) stop and frisk situations.”

   1 later decision quote this exact passage
   e.g. 593 So. 2d 97 - Brooks 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. 593 So. 2d 97 - Brooks v. State