7 N.C. App. 345 - State v. Staley’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Only the probability and not a prima facie showing of criminal activity is the standard of probable cause. Beck v. Ohio, 379 U.S. 89 , 13 L.Ed. 2d 142 , 85 S.Ct. 223 . The affidavit may be based on hearsay information and need not reflect the direct personal observation of the affiant. Jones v. United States, 362 U.S. 257 , 4 L.Ed. 2d 697 , 80 S.Ct. 725 . Affidavits of probable causes are tested by much less rigorous standards than those governing the admissibility of evidence at trial. McCray v. Illinois, 386 U.S. 300 , 18 L.Ed. 2d 62 , 87 S.Ct. 1056 . It must be remembered that the object of search warrants is to obtain evidence — if it were already available there would be no reason to seek their issuance. They must be issued upon information which may not at that time be competent as evidence by strict rules. State v. Bullard, 267 N.C. 599 , 148 S.E. 2d 565 . In judging probable cause, issuing magistrates are not to be confined by niggardly limitations or by restrictions on the use of their common sense. United States v. Ventresca, 380 U.S. 102 , 13 L.Ed. 2d 684 , 85 S.Ct. 741 . Their determination of probable cause should be paid great deference by reviewing courts. Jones v. United States, supra. As Justice Fortas observes in his dissenting opinion in Spinelli, ‘a policeman’s affidavit should not be judged as an entry in an essay contest.’ ” State v. Staley, supra, at 349, 350 .”

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