State v. Capps’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There exist countless cases on record in which officers, either from their over-zealous efforts to enforce the law or solve a crime, or because of their particular dislike of members of a certain minority group, commit acts which violate our constitution. .. . I intend these examples simply as illustrations that courts must continually enforce constitutional rights as a reminder that such fundamental rights are not to be violated. Once we commence lowering the barriers of constitutional protections because of a particular defendant's guilt, then we lower the barriers for all, and for the countless number of people who may be unduly harassed by officers from whom we never hear because of their innocence, and because they chose to endure the harassment rather than speak up.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Campos

2. “(1)[t]here must be probable cause that the automobile contains evidence of a crime, and (2) there must be an exigency to search the automobile at that moment, because of the automobile's mobility and fear that evidence could be destroyed.”

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

3. “Two well recognized exceptions to obtaining a search warrant are: search incident to an arrest and the automobile exception... . The common element running through these two exceptions is exigency.”

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