State v. Moniz’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1) the defendant’s ownership of or right to possession of the place where the controlled substance was found; 2) the defendant’s sole access to the place where the controlled substance was found; 3) defendant under the influence of narcotics when arrested; 4) defendant’s presence when the search warrant executed; 5) the defendant’s sole occupancy of the place where the controlled substance was found at the time the contraband is discovered; 6) the location of the contraband; 7) contraband in plain view; 8) defendant’s proximity to and the accessibility of the narcotic; 9) defendant’s possession of other contraband when arrested; 10) defendant’s incriminating statements when arrested; 11) defendant’s attempted flight; 12) defendant’s furtive gestures; 13) presence of odor of the contraband; 14) presence of other contraband or drug paraphernalia, not included in the charge; 15) place drugs found was enclosed.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Brown · State v. Westbrook

2. “it is necessary for the State to show facts that would permit “a reasonable mind to conclude that the defendant had the intent and capability to exercise control and dominion over the drugs.” That is, the evidence “must raise a reasonable inference that the defendant was engaged in a criminal enterprise and not simply a bystander.” Proof of the defendant’s knowledge of the presence of drugs and the defendant’s ownership or right to possession of the place where the drugs were found, alone, are insufficient to support a finding of the exercise of dominion and control. Other incriminating circumstances must be present to buttress the inference of knowing-possession and provide the necessary link between a defendant and illegal drugs.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Maldonado · State v. Brown

3. “[t]o support a finding of constructive possession the evidence must show “a sufficient nexus between the accused and the [item] to permit an inference that the accused had both the power and the intent to exercise dominion and control over the [item].” Mere proximity is not enough.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. GRINDLING · State v. Brown