95 Cal. App. 4th 283 - People v. Smith’s Empirical Analysis

Citation profile

16 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. “the initial burden of raising the issue of an unreasonable warrantless search or seizure by `simply assert[ing] the absence of a warrant and mak[ing] a prima facie showing to support that assertion.' [Citation.] After the defendant sufficiently raises the issue, it is the prosecution's burden to justify a warrantless search or seizure. [Citation.] A defendant then must present any arguments as to why that justification is inadequate.”

   1 later decision quote this exact passage
   e.g. 158 Cal. App. 4th 377 - People v. Dean

2. “Like the defendant in Brooks , Smith 'was deprived of an opportunity for a full hearing on the merits of his entire motion to suppress.' [Citation.] ... Because Smith was entitled to fully litigate the adequacy of the prosecution's inventory search justification, the trial court erred by denying Smith's supplemental section 1538.5 motion that specifically set forth this infringement of his right to a full hearing.”

   1 later decision quote this exact passage
   e.g. 238 Cal. Rptr. 3d 103 - People v. Arebalos-Cabrera

3. “[D]efendant was deprived of an opportunity for a full hearing on the merits of his entire motion to suppress as initially made. Consequently the renewed hearing amounted to neither consideration of a second section 1538.5 motion nor a relitigation of his original motion, but rather a completion of the full hearing to which he was entitled.”

   1 later decision quote this exact passage
   e.g. 238 Cal. Rptr. 3d 103 - People v. Arebalos-Cabrera