94 N.C. App. 20 - State v. Marshall’s Empirical Analysis
1989
Citation profile
19 state decisions
How this case has been cited
Cited by 21 later decisions — most recently June 2016
19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on United States v. Ventresca · State v. Arrington · State v. Campbell · State v. Richardson · Hankins v. Somers
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(2) It is obtained as a result of a substantial violation of the provisions of this Chapter. In -determining whether a violation is substantial, the court must consider all the circumstances, including: a. The importance of the particular interest violated; b. The extent of the deviation from lawful conduct; c. The extent to which the violation was willful; d. The extent to which exclusion will tend to deter future violations of this Chapter. Our Supreme Court has articulated that: G.S. 15A-974(2) provides that evidence obtained as a result of a substantial violation of the provisions of Chapter 15A must, upon timely motion, be suppressed. The use of the term result in this statute indicates that a causal relationship must exist between the violation and the acquisition of the evidence sought to be suppressed. .. . [E]vidence will not be suppressed unless it has been obtained as a consequence of the officer’s unlawful conduct.... The evidence must be such that it would not have been obtained but for the unlawful conduct of the investigating officer.”
1 later decision quote this exact passage“An officer may break and enter any premises or vehicle when necessary to the execution of the warrant if: (1) The officer has previously announced his identity and purpose as required by G.S. 15A-249 and reasonably believes either that admittance is being denied or unreasonably delayed or that the premises or vehicle is unoccupied; or (2) The officer has probable cause to believe that the giving of notice would endanger the life or safety of any person.”
1 later decision quote this exact passage“The offense of possession with intent to sell or deliver has the following three elements: (1) possession of a substance; (2) the substance must be a controlled substance; (3) there must be intent to sell or distribute the controlled substance.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.