Garza v. State’s Empirical Analysis

Citation profile

2 federal appellate · 13 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “under the Supreme Court ruling in Richards requiring a showing of need “under particular circumstances,” * * * a generalized showing of drug trafficking is not sufficient justification for an unannounced entry because evidence of drug trafficking does not, ipso facto, equate to a conclusion that an announced entry would be dangerous or futile, or that it would result in the destruction of evidence. While the showing required to justify an unannounced entry is not high, * * * there [must be a] particularized showing of dangerousness, futility or destruction of evidence * * *.”

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

2. “The only expression of need for an unannounced search was in general terms, that “Persons involved in Drug trafficking will destroy evidence * * * [and] will use violence” with no factual nexus to particularized facts of dangerousness, futility or destruction of evidence related to the search of respondents’ residence. We conclude the evidence of drug trafficking in the affidavit does not meet the particularized circumstances standard in Richards and Was-son.”

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

3. ““[P]olice must have a reasonable suspicion that knocking and announcing their presence, under the particular circumstances, would be dangerous or futile, or that it would inhibit the effective investigation of the crime by, for example, allowing the destruction of evidence.””

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