90 Conn. App. 548 - State v. Douros’s Empirical Analysis

Citation profile

10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On appeal, we apply a familiar standard of review to a trial court's findings and conclusions in connection with a motion to suppress. A finding of fact will not be disturbed unless it is clearly erroneous in view of the evidence and pleadings in the whole record .... The conclusions drawn by the trial court will be upheld unless they are legally and logically inconsistent with the evidence.... Because a trial court's determination of the validity of a ... [seizure] implicates a defendant's constitutional rights, however, we engage in a careful examination of the record to ensure that the court's decision was supported by substantial evidence.”

   2 later decisions quote this exact passage
   e.g. 171 Conn. App. 702 - State v. Martinez · 188 Conn. App. 446 - State v. Gray-Brown

2. “In order for third-party consent to be valid, the consenting party must have possessed common authority over or other sufficient relationship to the premises or effects sought to be inspected.... The authority that justifies the third party consent rests on mutual use of the property by persons who have joint access or control for most purposes, so that any of the inhabitants has the right to permit the inspection in his own right, and the others have assumed the risk that any of the cohabitants might permit the common area to be entered.... "We also note that the overwhelming majority of the cases hold that a parent may consent to a police search of a home that is effective against a child, if a son or a daughter, whether or not still a minor, is residing in the home with the parents .... To overcome this authority, the child must establish sufficiently exclusive possession of the room to render the parent's consent ineffective.... Factors that [our Supreme Court] previously [has] considered when evaluating whether a child has established sufficiently exclusive possession of the room include: whether the child is paying rent; who has ownership of the home; whether the door to the bedroom is generally kept closed; whether there is a lock on the door; whether other members of the family use the room; and whether other members of the family had access to the room for any reason.”

   1 later decision quote this exact passage
   e.g. 188 Conn. App. 446 - State v. Gray-Brown

3. “On a motion to suppress, [i]t is the function of the trier to determine the credibility of witnesses and the weight to be given their testimony.”

   1 later decision quote this exact passage
   e.g. 171 Conn. App. 702 - State v. Martinez