Carter v. State’s Empirical Analysis

Citation profile

1 federal appellate · 15 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969), the United States Supreme Court articulated a two-prong analysis for determining the validity of an affidavit that relies on a confidential informant’s tip to establish probable cause.... [T]he Aguiiar-Spinelli doctrine continues to govern the determination of probable cause under Article I, Sections 14 and 22 of the Alaska Constitution. State v. Jones, 706 P.2d 317, 324-25 (Alaska 1985). The Alaska Supreme Court has described Alaska’s application of the Aguilar-Spinelli test as follows: When a search warrant is based on the hearsay statement of a confidential informant, the affiant must establish the informant’s basis of knowledge and veracity. To establish the informant’s basis of knowledge, the information must be based on the informant’s personal observations, not his suspicions or beliefs. If the affidavit lacks an affirmative allegation of the informant’s personal knowledge, “the facts supplied must be so detailed as to support an inference of personal knowledge.” Additionally, the affiant must inform the magistrate or judge of some of the underlying circumstances that led the affiant to conclude that the informant was credible or that his information was reliable. An informant’s veracity may be established by demonstrating his past reliability, or by independent police corroboration of detailed facts in the infor”

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

2. “For this reason, courts in other jurisdictions have tended to find evidence of unusual electrical consumption to be significant to the overall determination of probable cause only if other solid facts have been presented to the issuing magistrate to indicate that criminal activity is afoot or to eliminate legitimate explanations for the unusual consumption. Absent solid facts indicating criminality or nonlegitimate consumption, courts have concluded that electrical records showing unusual consumption— even when combined with conclusory anonymous tips of drug-related activity — are insufficient to establish probable cause.”

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

3. “reliable information is set forth in sufficient detail to warrant a reasonably prudent [person] in believing that a crime has been or was being committed.”

   1 later decision quote this exact passage
   e.g. Lum v. Koles