884 F. Supp. 2d 807 - Chevallier v. Hand’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. “Judging only by what Defendant personally observed and by his evaluation of the statements and credibility of the alleged victim, the Court concludes that it is not clear if a person of reasonable caution would have believed that [Chevallier] committed a crime. It is also not clear, from the facts alleged, that the alleged victim’s statement to [Deputy Hand] was reasonably trustworthy. Moreover, no other witnesses or physical evidence existed to corroborate the alleged victim’s account, and [Deputy Hand] himself was not a witness to any crime, even criminal trespass, by his own admission. Corroboration of an alleged victim’s account is not a prerequisite to establishing probable cause; but in the instant circumstances, the lack of any corroboration strikes the Court as an imprudent basis upon which to execute a warrantless arrest, absent any exigent circumstances or evidence of bodily harm to the alleged victim or others. The Supreme Court has held that “even in making a warrantless arrest an officer ‘may rely upon information received through an informant, rather than upon his direct observations, so long as the informant’s statement is reasonably corroborated by other matters within the officer’s knowledge.’ ” Illinois v. Gates, 462 U.S. 213 , 242, 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) (emphasis added) (quoting Jones v. United States, 362 U.S. 257 , 269, 80 S.Ct. 725 , 4 L.Ed.2d 697 (1960)). Here, the only apparent corroboration within [Deputy Hand’s] knowledge was his obs”

   1 later decision quote this exact passage · from the dissent
   e.g. Chevallier v. Hand