State v. Galazin’s Empirical Analysis

Citation profile

1 federal appellate · 34 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In a driving while intoxicated case, the lawfulness of the defendant’s arrest is not an element of the offense. The lawfulness of the arrest is instead a collateral issue, one that does not bear upon guilt or punishment. One purpose of the requirement that unlawful search and seizure claims be made before trial is to avoid delays during trial in determining this issue. Another reason for the requirement is so the basis of the claim of unlawful search or seizure will be known, giving the [S]tate a fair chance to respond and the trial court a fair opportunity to rule on the claim. The rule helps to eliminate the possibility of sandbagging with respect to an issue not relating to guilt or punishment. [Consequently,] [u]ntil the defendant requests, by motion to suppress, that testimony obtained incident to an arrest be excluded due to the unlawfulness of the arrest, the state is not obligated to prove the validity [of the arrest] ... In effect, the accused loses the benefit of the presumption at a hearing on a timely filed motion to suppress that all warrantless searches and seizures are invalid. 2”

   2 later decisions quote this exact passage
   e.g. State v. Hughes · State v. Patton

2. “a motion to suppress is rooted in a violation of an accused’s constitutional right to be free from unreasonable searches and seizures.”

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