State v. Berry’s Empirical Analysis

Citation profile

2 federal appellate · 41 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him ... there is a fair probability that contraband or evidence of a crime will be found in a particular place.”

   5 later decisions quote this exact passage
   e.g. State v. Dudley · State v. Baker

2. ““The Fourth Amendment guarantees that ‘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.’ A firm definition of the phrase ‘probable cause’ has eluded the courts.... The most recent of the United States Supreme Court’s major efforts to define ‘probable cause,’ Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317, 2332 , 76 L.Ed.2d 527 (1983), tells us that probable cause is ‘a fair probability that contraband or evidence of a crime will be found.’ ... While the meaning of probable cause is a legal issue; its existence in a particular case is a question of fact. Thus, appellate review is not de novo. We give great deference on review to the initial judicial determination of probable cause made at the time of the issuance of the warrant and we reverse only if that determination is clearly erroneous. [Citations omitted.] ... the neutral magistrate must determine probable cause from the totality of the circumstances. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983). The neutral magistrate must make a ‘practical, commonsense decision whether ... there is a fair probability that contraband or evidence of a crime will be found.’ Id. at 238 , 103 S.Ct. at 2332 . That decision is made from all the circumstances set out in the affidavit, including the ‘basis of knowledge’ and ‘veracity’ of persons providing hearsay information. Id. Berry, 801 S.W.2d”

   4 later decisions quote this exact passage
   e.g. State v. Baker · State v. Byler

3. “In United States v. Jackson, 898 F.2d 79 (8th Cir.1990), a police officer based a warrant application on an anonymous telephone call. The caller described the location to which he had gone earlier that day in order to remove his daughter, who had been living at that location with the defendant. The caller also stated that he had seen what his daughter identified as marijuana in both the garage and the bedroom. The officer stated in his application that he had verified the location and description of the house and that the defendant lived there. The search warrant was issued on that basis and the Jackson court concluded that “a neutral and detached magistrate could make a practical, common-sense decision that probable cause existed.” Id. at 81 .”

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