Smith v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Before this Court will look to an alleged Fourth Amendment violation, it must be determined whether the defendant had a legitimate expectation of privacy which was intruded. Edwards v. State, 651 P.2d 1335 (Okl.Cr.1982); Meeks v. State, 637 P.2d 1259 (Okl.Cr.1981). Further, the defendant has the burden of showing he had a reasonable expectation of privacy. Edwards v. State, supra, Rawlings v. Kentucky, 448 U.S. 98 , 100 S.Ct. 2556 , 65 L.Ed.2d 633 (1980). The test this court has applied to determine whether a reasonable expectation of privacy exists is a twofold requirement test. First, the person must have exhibited an actual (subjective) expectation of privacy and second, the expectation must be one that society is prepared to recognize as reasonable. Edwards v. State, supra; Tate v. State, 544 P.2d 531 (Okl.Cr.1975).”

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

2. “no evidence was introduced regarding whether the defendant owned or lived in the house or whether he was even a guest in the house. Moreover, the defendant does not assert that he took precautions to maintain his privacy.”

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