State v. Van Chavez’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The questions of “good faith belief” and “exigent circumstances” are questions of fact for the trial court to determine, and the findings of the trial court in these regards are entitled to be accorded the same weight and given the same consideration as is generally accorded a trial court’s findings by appellate courts. See Ker v. California, 374 U.S. 23 , 83 S.Ct. 1623 , 10 L.Ed.2d 726 (1963); Mapp v. Ohio, supra [ 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 ]; State v. Renard, 88 N.M. 107 , 537 P.2d 1003 (Ct.App.1975). Substantial evidence is the measure of proof, or the quality and quantity of the evidence, required to support the findings of the trial court. Williams v. New Mexico Department of Corrections, 84 N.M. 421 , 504 P.2d 631 (1972); State v. McAfee, 78 N.M. 108 , 428 P.2d 647 (1967); State v. Renard, supra. In determining whether the evidence is substantial in support of the claimed justifiability of the entry, the facts and circumstances of each case must be considered. See State v. Everitt, 80 N.M. 41 , 450 P.2d 927 (Ct. App.1969). The exigency of the circumstances, as with the probable cause required to make a search reasonable under the circumstances, depends on practical considerations. United States v. Romero, 484 F.2d 1324 (10th Cir. 1973). The circumstances must be evaluated from the point of view of a prudent, cautious and trained police officer. United States v. McCormick, 468 F.2d 68 (10th Cir. 1972), cert. denied, 410 U.S. 927 , 93. S.Ct. 1361, 35 L”

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

2. “`an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence.'”

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

3. “There is no ready litmus test for determining whether such circumstances exist, and in each case the claim of an extraordinary situation must be measured by the facts known to the officers.”

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