State v. Moon’s Empirical Analysis

Citation profile

2 federal appellate · 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]t is difficult to define with precision the quantity of corroboration necessary to demonstrate the informant’s veracity [or basis of knowledge]. Certainly, more than the corroboration of a few minor elements of the story is necessary, especially if those elements involve non-suspect behavior. It is equally certain, though, that the police need not corroborate every detail of an informant’s report to establish sufficient evidence of his veracity [or basis of knowledge].”

   3 later decisions quote this exact passage · from the dissent
   e.g. State of Tennessee v. Janet Michelle Stanfield, Tony Alan Winsett and Justin Bradley Stanfield · State v. Kelly

2. “Actually, the two-pronged test for probable cause could apply to all search warrants. For example, even if the information in an affidavit stems from the affiant’s firsthand knowledge, a magistrate would issue a warrant upon some determination of the basis of knowledge and veracity of the affiant. As a practical matter, though, the reliability of the investigating officer/affiant may be presumed by a magistrate, as may be the reliability of other investigating officers upon whom the affiant relies. See e.cj., United States v. Ventresca [ 380 U.S. 102 , 85 S.Ct. 741 , 13 L.Ed.2d 684 (1965) ]; United States v. Kirk, 781 F.2d 1498 (11th Cir.1986). Thus, no special showing of reliability is necessary when the information comes from such an officer.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Hayes

3. “Under the first or “basis of knowledge” prong, facts must be revealed which permit the magistrate to determine whether the informant had a basis for his or her information that a certain person had been, was or would be involved in criminal conduct or that evidence of crime would be found at a certain place. Under the second or “veracity” prong, facts must be revealed which permit the magistrate to determine either the inherent credibility of the informant or the reliability of his information on the particular occasion.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Powell