Joseph v. State’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]e note that it is well settled that general exploratory searches are illegal. Stanford v. Texas, 379 U.S. 476 , 85 S.Ct. 506 , 13 L.Ed.2d 431 (1965). A valid warrant based on probable cause is necessary to conduct a search unless one of the many exceptions to the warrant requirement is appropriate under the circumstances. In some instances “mere evidence” which is not specifically listed in the warrant may be discoverable. Mere evidence is evidence connected with a crime, but does not consist of fruits, instrumentalities, or contraband. Warden v. Hayden, 387 U.S. 294 , 87 S.Ct. 1642 , 18 L.Ed.2d 782 (1967). Officers may seize mere evidence when the objects discovered and seized are reasonably related to the offense under investigation and the discovery is made in the course of a good faith search conducted within the parameters of a valid search warrant. Id. at 307-310 , 87 S.Ct. at 1650-1652. The scope of a search, during which “mere evidence” may be found, is restricted to the object of the search and the places in which there is probable cause to believe it may be found. United States v. Ross, 456 U.S. 798 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982).”

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

2. “Mere evidence is evidence connected with a crime, but does not consist of fruits, instru-mentalities, or contraband.”

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