58 Wis. 2d 671 - Leroux v. State’s Empirical Analysis

Citation profile

42 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Probable cause for an arrest without a warrant requires more than an officer’s subjective good-faith belief or mere suspicion. However, probable cause does not require the same type of specific evidence of each element of the offense as would, be needed to support conviction, and the quantum of evidence required to establish probable cause is less than that which would justify conviction. The court, in Draper v. United States (1959), 358 U.S. 307, 313 , 79 Sup. Ct. 329, 3 L. Ed.2d 327 , defined ‘probable cause’ as: “ ‘In dealing with probable cause, ... as the very name implies, we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.’ Brinegar v. United States, supra, at 175 [(1949), 338 U.S. 160 , 69 Sup. Ct. 1302, 93 L. Ed. 1879 ]. Probable cause exists where “the facts and circumstances within [the arresting officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that” an offense has been or is being committed. Carroll v. United States, 267 U.S. 132, 162 .’ “Similarly, this court in Kluck v. State (1967), 37 Wis. 2d 378, 389 , 155 N.W.2d 26 , stated: “ ‘Probable cause exists if the facts and circumstances known to the police officer warrant a prudent man in believing an offense has been committed. . . . [citing Henry v. United States (1959),”

   2 later decisions quote this exact passage
   e.g. 102 Wis. 2d 367 - State v. Cheers · 96 Wis. 2d 272 - State v. Doyle

2. “Probable cause to arrest refers to that quantum of evidence which would lead a reasonable police officer to believe that the defendant probably committed a crime. It is not necessary that the evidence giving rise to such probable cause be sufficient to prove guilt beyond a reasonable doubt, nor must it be sufficient to prove that guilt is more probable than not. It is only necessary that the information lead a reasonable officer to believe that guilt is more than a possibility, and it is well established that the belief may be predicated in part upon hearsay information. The quantum of information which constitutes probable cause to arrest must be measured by the facts of the particular case. (Citations omitted.)”

   2 later decisions quote this exact passage
   e.g. State v. Sykes · 175 Wis. 2d 684 - State v. Koch

3. “whether the defendant has a right to attend a conference in chambers . . . admits of no categorical 'yes' or 'no' answer. A conference in chambers might well constitute part of the trial depending upon what matters are discussed or passed upon. Likewise, such a conference might not be part of the trial in the sense of one's constitutional right to be present.”

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