78 Ark. App. 153 - Crain v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although a police officer may not rely entirely on the magistrate's finding of probable cause, in cases where, as here, the courts cannot agree on whether the affidavit is sufficient, it would be unfair to characterize the conduct of the executing officers as bad faith, particularly where there has been no material false statements or misrepresentations in the affidavit and where the officer is acting in good faith. When judges can look at the same affidavit and come to differing conclusions, a police officer's reliance on that affidavit must, therefore, be reasonable.”

   1 later decision quote this exact passage
   e.g. 88 Ark. App. 91 - Loy v. State

2. “Although we hold that a lack of manpower to secure the residence overnight to prevent a danger to anyone who entered is not a sound basis for a nighttime search warrant, nevertheless, we hold that the good-faith exception to the exclusionary rule is applicable in the present case because as in Crain , we believe that a reasonable, well-trained officer could have believed that a nighttime search was justified under the facts of this case.”

   1 later decision quote this exact passage
   e.g. 88 Ark. App. 91 - Loy v. State

3. “our courts have resisted the temptation to lower the threshold for nighttime searches. This decision flies in the face of that reluctance.”

   1 later decision quote this exact passage · from the dissent
   e.g. 88 Ark. App. 91 - Loy v. State