State v. DeMagistris’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. ““There is, of course, a presumption of validity with respect to the affidavit supporting the search warrant. To mandate an evidentiary hearing, the challenger’s attack must be more than conclusory and must be supported by more than a mere desire to cross-examine. There must be allegations of deliberate falsehood or of reckless disregard for the truth, and those allegations must be accompanied by an offer of proof. They should point out specifically the portion of the warrant affidavit that is claimed to be false; and they should be accompanied by a statement of supporting reasons. Affidavits or sworn or otherwise reliable statements of witnesses should be furnished, or their absence satisfactorily explained. Allegations of negligence or innocent mistake are insufficient. * * * Finally, if these requirements are met, and if, when material that is the subject of the alleged falsity or reckless disregard is set to one side, there remains sufficient content in the warrant affidavit to support a finding of probable cause, no hearing is required. On the other hand, if the remaining content is insufficient, the defendant is entitled, under the Fourth and Fourteenth Amendments, to his hearing.” Franks, 438 U.S. at 171-72 , 98 S.Ct. 2674 .”

   2 later decisions quote this exact passage
   e.g. In re Austin B. · State v. Verrecchia

2. “that the falsehood was material in that there would have been no probable cause to issue the warrant if the magistrate had been honestly informed.”); see also United States v. Lucht, 18 F.3d 541, 546-47 (8th Cir.1994); United States v. Mittelman, 999 F.2d 440, 444 (9th Cir.1993); United States v. Parcels of Land, 903 F.2d 36, 47 (1st Cir.1990) (”

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