Russell v. State’s Empirical Analysis

Citation profile

186 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 189 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As the movant in a motion to suppress evidence, a defendant must produce evidence that defeats the presumption of proper police conduct and therefore shifts the burden of proof to the State.”

   5 later decisions quote this exact passage
   e.g. Johnson v. State · State v. Thorn

2. “The issue remains, however, whether appellant’s consent was, in fact, freely and voluntarily given. See Schneckloth v. Bustamonte, 412 U.S. 218, 248 [ 93 S.Ct. 2041, 2058 , 36 L.Ed.2d 854 ] (1973); Bumper v. North Carolina, 391 U.S. 543, 548 [ 88 S.Ct. 1788, 1791 , 20 L.Ed.2d 797 ] (1968). Necessarily, the issue of the admissibility of appellant’s confession also remains. If the consent to search was involuntary, then the confession might be the product of an illegal search. See Brown v. Illinois, 422 U.S. 590 [ 95 S.Ct. 2254 , 45 L.Ed.2d 416 ] (1975). Because the Court of Appeals did not decide these issues, we must remand this cause to the Court of Appeals for further consideration.”

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

3. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

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