State v. Aull’s Empirical Analysis

Citation profile

2 federal appellate · 71 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * [Cjonsent to the search must be freely and intelligently given, must be voluntary and not the product of duress or coercion, actual or implied, and must be proved by clear and positive evidence with the burden of proof on the state. * * *»”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Bidegain · State v. Harrison

2. ““We have made a somewhat extended reference to these statutes to show that the guaranty of freedom from unreasonable searches and seizures by the 4th Amendment has been construed, practically since the beginning of the government, as recognizing a necessary difference between a search of a store, dwelling house, or other structure in respect of which a proper official warrant readily may be obtained, and a search of a ship, motor boat, wagon, or automobile for contraband goods, where it is not practicable to secure a warrant, because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought. “Having thus established that contraband goods concealed and illegally transported in an automobile or other vehicle may be searched for without a warrant, we come now to consider under what circumstances such search may be made. * * * [Tjhose lawfully within the country, entitled to use the public highways, have a right to free passage without interruption or search unless there is known to a competent official authorized to search, probable cause for believing that their vehicles are carrying contraband or illegal merchandise. * * * “ * * *. The measure of legality of such a seizure is, therefore, that the seizing officer shall have reasonable or probable cause for believing that the automobile which he stops and seizes has contraband liquor therein which is being illegally transported.””

   1 later decision quote this exact passage · from the majority
   e.g. In Re One 1967 Peterbilt Tractor, Etc.

3. ““ * * * We have always applied the rule sparingly, to prevent a miscarriage of justice, and not to excuse failure to make proper objections in the court below. See State v. Heisler, 58 N.M. 446, 461, 462 , 272 P.2d 660 (1954), where the early cases are collected; State v. Lucero, supra [ 70 N.M. 268 , 372 P.2d 837 (1962)]; State v. Lott, 73 N.M. 280 , 387 P.2d 855 (1963); State v. Gonzales, 77 N.M. 583 , 425 P.2d 810 (1967).””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Minns