Hennessy v. State’s Empirical Analysis

Citation profile

79 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““... [T]hese elements should be understood as entirely separate and independent requirements to be rigidly exacted in every case....” [[Image here]] “Instead, they are better understood as relevant considerations in the totality-of-the-circumstances analysis that traditionally has guided probable-cause determinations: a deficiency in one may be compensated for, in determining the overall reliability of a tip, by a strong showing as to the other, or by some other indicia of reliability.... [[Image here]] “The task of the issuing magistrate is simply to make a practical, commonsense decision whether, given all the circumstances set forth in the affidavit before him, including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place_” (Emphasis added)”

   9 later decisions quote this exact passage
   e.g. Ellis v. State · Garcia v. State

2. ““Jerry Carpenter, a Houston Police Officer known to your affiant, placed a transmitting device on the said Urquhart. ****** “The said Carpenter monitored these conversations and overheard the individuals discuss the details of the robbery. This information was told to your affiant by the said Jerry Carpenter. “At the time of his arrest the said Barnes told your affiant that ‘If you had waited a few more minutes, you would have gotten the Dialuaded [sic] and had me for robbery.’ Your affiant asked the said Barnes what he meant by that statement and he told your affiant that his girl friend Iwona Provenzzano had just called the Doctor Hennessy’s residence and had been told by Chris, the Doctor’s wife, that the Dialuadid [sic] would be there shortly that it would be arriving shortly.””

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

3. “Hearsay-upon-hearsay may be utilized to show probable cause [in an affidavit] as long as the underlying circumstances indicated that there is a substantial basis for crediting the hearsay at each level.”

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