Brimage v. State’s Empirical Analysis

Citation profile

93 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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Emergency Doctrine has been construed to justify entry into a residence to try to locate an individual who has been reported as missing. People v. Wharton, 53 Cal.3d 522 , 280 Cal.Rptr. 631 , 809 P.2d 290 (1991), cert. denied 502 U.S. 1038 , 112 S.Ct. 887 , 116 L.Ed.2d 790 (1992). The Oklahoma Court of Criminal Appeals held that a warrantless search of a dwelling to discover evidence that could reveal the location of an individual reported as missing is justified under the Emergency Doctrine. Chaney v. State, 612 P.2d 269, 277 (Okla.Crim.App.1980), cer t. denied 450 U.S. 1025 , 101 S.Ct. 1731 , 68 L.Ed.2d 219 (1981).... The Seventh Circuit found a warrantless search of a crack house to be lawful as it was based on a report that a teenage girl might be there under circumstances indicating she was being held there against her will. United States v. Hughes, 993 F.2d 1313 (7th Cir. [1993] 1991). Other courts have held warrantless searches to be permissible under the Emergency Doctrine where the police had reason to believe kidnapped children were in defendant’s home and defendant had a rape record, State v. Stevens, 311 Or. 119 , 806 P.2d 92 (1991); and where the police had reason to believe an injured woman was inside premises whose door was ajar and blood was on the floor near the entrance, Oken v. State, 327 Md. 628 , 612 A.2d 258 (1992). We have used an objective standard of reasonableness in determining whether a warrantless search is justified under the Emergency Doctri”

   2 later decisions quote this exact passage · from the dissent
   e.g. Travis v. State · In Re JD

2. “Given the information known to the police at the time and based on the above excerpts from the testimony of Captain Gomez at the suppression hearing, there was sufficient evidence for the trial court to find that the warrantless search of appellant’s residence was objectively reasonable under the Emergency Doctrine, the intent of the search being to locate complainant or, alternatively, to find evidence hopefully leading to the discovery of complainant at a different location.”

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

3. “Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.”

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