State v. Heflin’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`In many jurisdictions, statutes or rules declare that an officer executing a search warrant must exhibit or deliver a copy of the warrant at the place searched.... Provisions of this type are most desirable, as they "put the possibly aggrieved party on notice of the authority and purported reasons for the search, and enable him to prepare to contest it if he so desires," and also make it possible for him to "know that there is color of authority for the search, and that he is not entitled to oppose it by force." "`Under the prevailing view, these provisions are deemed to be ministerial only, so that "absent a showing of prejudice" failure to comply with them does not void an otherwise valid search.... "`It is rather common for court rules or statutes to provide that a receipt must be given for the things seized pursuant to a search warrant.... The reasons for giving the occupant a copy of the warrant, discussed above, "apply likewise to the requirement of a receipt." But here as well the prevailing view is that noncompliance with such a provision does not compel exclusion of the evidence obtained pursuant to the warrant. It has been noted that a defendant who does not obtain a receipt will nonetheless be able to obtain an inventory of the items taken upon application to the court.'"”

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

2. “"(a) Receipt. The law enforcement officer taking property under the search warrant shall give to the person from whom or from whose premises the property was taken or shall leave at the place from which the property was taken a copy of the search warrant endorsed with a copy of an inventory of the property taken. "(b) Return and Inventory. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person from whose possession or premises the property was taken, if that person is present, and shall be verified by the law enforcement officer executing the search warrant. The judge or magistrate shall, upon request, deliver a copy of the inventory to the person from whom or from whose premises the property was taken. The executing law enforcement officer may discharge his obligation to give receipt of property by leaving a copy of the inventory at the place from which the property is taken if no one is present."”

   1 later decision quote this exact passage
   e.g. 644 So. 2d 480 - Cooper v. State

3. “`In many jurisdictions, statutes or rules declare that an officer executing a search warrant must exhibit or deliver a copy of the warrant at the place searched.... Provisions of this type are most desirable, as they”

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