58 N.C. App. 539 - State v. Whitley’s Empirical Analysis
1982
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently July 2017
12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Aguilar v. Texas · Spinelli v. United States · S.S. Zoe Colocotroni v. Puerto Rico · State v. Vestal · Fowler v. North Carolina
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Implied admissions are received with great caution. However, if the statement is made in a person’s presence by a person having first hand knowledge under such circumstances that a denial would be naturally expected if the statement was untrue and it is shown that he was in a position to hear and understand what was said and had the opportunity to speak, then his silence or failure to deny renders the statement admissible against him as an implied admission.”
2 later decisions quote this exact passage“The applicant swears to the following facts to establish probable cause for the issuance of a search warrant: Acting on instructions from the applicant a confidential and reliable source has visited the location described above and purchased baseball lottery tickets on Sat. August 22, 1981, for $2.00, “ticket number 2969G”, from Ed or Earl Williams, Ed and Earl was selling baseball lottery tickets, David Warren was sitting in a chair. This confidential and reliable source purchased baseball lottery tickets on Monday, Sept. 1, 1981, ticket number “71443”, from one of the Williams brothers. This confidential source does not know Ed and Earl Williams apart by first names, David Warren was talking on the phone. The confidential and reliable source has purchased baseball lottery tickets within the last 48 hours. This applicant has received information from several different sources that . . . Edward Lee Williams and Earl Leon Williams and David Edgar Warren, were selling baseball lottery tickets and gambling at the above described location. Applicant knows that Edward Lee Williams, and Earl Leon Williams, and David Edgar Warren, has a prior criminal record for selling and possession of lottery tickets. This confidential and reliable source is reliable because this source has furnished this applicant with reliable information in the past that led to the recovery of stolen property and the searches of several Randolph County residences that resulted in the seizure of known drugs, an”
1 later decision quote this exact passage“An “affidavit is sufficient if it supplies reasonable cause to believe that the proposed search for evidence of the commission of the designated criminal offense will reveal the presence upon the described premises of the objects sought and that they will aid in the apprehension or conviction of the offender.” State v. Vestal, 278 N.C. 561, 575-76 , 180 S.E. 2d 755, 765 (1971). (Emphasis supplied.) To supply reasonable cause to believe the objects sought are on the described premises, the affidavit supporting a search warrant must provide the magistrate with underlying circumstances from which to judge the validity of the informant’s conclusion that the articles sought are at the place to be searched. [Citations omitted.]”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.