Sanchez v. Attorney General’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(c) Handwriting exemplars could be compelled if the requirements for a search warrant were met. Maryland Penitentiary v. Hayden, 387 U.S. 294 , 87 S.Ct. 1642 , 18 L.Ed.2d 782 (1967). The authority for a search warrant is stated in Rule of Crim. Proc. 17. Setting aside the question of probable cause, which we do not discuss, we consider the purposes for which a search warrant may be issued. “Rule of Crim. Proc. 17 (a) states three purposes for which a search warrant may be issued. The investigator’s affidavit concluded that the exemplars were for the third purpose — to obtain evidence which ‘would be material evidence in a criminal prosecution.’ The affidavit, however, refutes its own conclusion. The affidavit seeks handwriting exemplars in order to compare the handwriting of Sanchez with handwriting on the false claims. This comparison is desired because the investigator does not know whether Sanchez is involved in the false claims. The affidavit contains nothing indicating Sanchez’ handwriting exemplars ‘would be’ evidence. The requirements for issuance of a search warrant were not met. The court’s authority to issue the order compelling handwriting exemplars may not be resolved on the basis that the order was, in effect, a search warrant. “We have excluded search warrants as a decisional ground in order to emphasize that the issue is the court’s authority to compel the handwriting exemplars. The Attorney General does not claim that the court’s authority to issue search war”

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

2. “The district court shall have original jurisdiction in all matters and causes not excepted in this constitution, and such jurisdiction of special cases and proceedings as may be conferred by law, and appellate jurisdiction of all cases originating in inferior courts and tribunals in their respective districts, and supervisory control over the same. The district courts, or any judge thereof, shall have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, prohibition and all other writs, remedial or otherwise in the exercise of their jurisdiction; provided, that no such writs shall issue directed to judges or courts of equal or superior jurisdiction.”

   1 later decision quote this exact passage
   e.g. Moriarty Municipal Schools v. Public Schools Insurance Authority