O'Brien v. O'Brien’s Empirical Analysis

Citation profile

4 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “By its terms, the statute governs the interception of “wire, oral, or electronic communications....” 18 U.S.C. § 2511 . The statute defines a “wire communication” as “any aural transfer made ... through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception_” 18 U.S.C. § 2510 (1) (emphasis added). An “oral communication” is defined as “any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such ex-pectation_”18 U.S.C. § 2510(2) (emphasis added). An “electronic communication” is “any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted ... by a wire....” 18 U.S.C. § 2510 (12) (emphasis added). Finally, “intercept” means “the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.” 18 U.S.C. § 2510 (4) (emphasis added). By their plain meaning, these definitions do not apply to silent video surveillance.”

   1 later decision quote this exact passage
   e.g. 42 So. 3d 824 - Minotty v. Baudo