Scott v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The United States and Delaware Constitutions protect the right of persons to be secure from "unreasonable searches and seizures." Searches and seizures are per se unreasonable, in the absence of exigent circumstances, unless authorized by a warrant supported by probable cause. A recognized exception to the warrant requirement, however, is for searches that are conducted pursuant to a valid consent. To be valid, a consent to search must be voluntary. The person giving such consent must also have the authority to do so. Third party authority to consent to a search must include both possession and equal or greater control, vis-a-vis the owner, over the area to be searched. Scott v. State, 672 A.2d 550, 552 (Del.1996).”

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

2. “[Wjhen a person with equal or greater authority to consent to a search is present, if a search is authorized by a third party, there is a duty to object. Ledda v. State, 564 A.2d at 1128-29 . In this case, even though Scott was present, he failed to countermand Jenkins’ consent at any time during the search. Jenkins had the authority to consent to the search of the apartment, in the absence of any objection by Scott. Ledda v. State, 564 A.2d at 1128-29 . Assuming arguendo that Scott’s authority to consent to a search was equal to Jenkins’ authority, we hold that Scott’s failure to object constituted his implied consent to the search authorized by Jenkins. Id.”

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