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← 764 NE2D 258 - VanWinkle v. State

VanWinkle v. State’s Empirical Analysis

2002

Citation profile

23
cited by 23 later decisions
5
states following
December 2017
most recently cited

23 state decisions

Relationships

Relies on Brinegar v. United States · Bibby v. United States · Oliver v. United States · Daniel v. Security Pacific National Bank · United States v. Berkowitz

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

  1. “constitutionally protected reasonable expectation of privacy.”
    3 later decisions quote this exact passage
  2. “When police enter onto private property in order to conduct an investigation or for another legitimate purpose and restrict their entry to places that other visitors would be expected to go, such as walkways, driveways, or porches, any observation made from these areas is permissible under the United States Constitution and the Fourth Amendment thereto. Accordingly, an individual does not have a reasonable expectation of privacy with regard to things or activities within a residence that may be observed by persons using their natural senses from places impliedly open to a visitor's entry. In general, this means that "if police utilize 'normal means of access to and egress from the house' for some legitimate purpose, such as to make inquiries of the occupant ... it is not a Fourth Amendment search for the police to see or hear or smell from that vantage point what is happening inside the dwelling."”
    1 later decision quote this exact passage
  3. “combined knowledge of the fact that the manufacture of methamphetamine can be very dangerous and the fact that there were . . . people in the residence would cause any reasonable police officer to see the immediate need to remove any . . . persons from the residence.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.