People v. Mitchell’s Empirical Analysis

Citation profile

15 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Evidence which is otherwise admissible in a criminal proceeding shall not be suppressed by the trial court if the court determines that the evidence was seized by a peace officer ... as a result of a good faith mistake or of a technical violation. (2) As used in subsection (1) of this section: (a) "Good faith mistake" means a reasonable judgmental error concerning the existence of facts which if true would be sufficient to constitute probable cause. (b) "Technical violation" means a reasonable good faith reliance upon a statute which is later ruled unconstitutional, a warrant which is later invalidated due to a good faith mistake, or a court precedent which is later overruled.”

   3 later decisions quote this exact passage
   e.g. State v. Peterson · People v. Deitchman

2. “far beyond the purview of a `technical violation'”

   2 later decisions quote this exact passage
   e.g. State v. Peterson · People v. Deitchman

3. “mistakes based on reasonable judgmental errors of fact rather than mistakes of law. " People v. Mitchell, 678 P.2d 990, 995 (Colo.1984) (emphasis in original); see People v. Quintero, 657 P.2d 948, 950-51 (Colo.1983), cert. granted sub nom. Colorado v. Quintero, ___ U.S. ___, 103 S.Ct. 3535 , 77 L.Ed.2d 1386 , cert. dismissed, ___ U.S. ___, 104 S.Ct. 543 , 78 L.Ed.2d 719 (1983). [3] The only portion of the definition of "technical violation”

   1 later decision quote this exact passage
   e.g. People v. Deitchman