Pilieci v. State’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““On a motion to suppress the fruits of a search in accordance with a warrant, a trial court examines whether the issuing magistrate had a substantial basis for concluding that probable cause existed, and this determination is made by examining the affidavit in its entirety.” State v. Vanderhors, 927 So.2d 1011, 1013 (Fla. 2d DCA 2006) (citing Garcia v. State, 872 So.2d 326, 329 (Fla. 2d DCA 2004)).... Because the magistrate was restricted to considering only the content of the application for the warrant that is equally available to the reviewing trial court, this review is perhaps more aptly described as a review involving “great deference.” See State v. Rabb, 920 So.2d 1175, 1180 (Fla. 4th DCA 2006) (citing United States v. Soderstrand, 412 F.3d 1146, 1152 (10th Cir.2005)). As explained in Illinois v. Gates, [ 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) ]: [A]fter-the-fact scrutiny by courts of the sufficiency of an affidavit should not take the form of de novo review. A magistrate’s determination of probable cause should be paid great deference by reviewing courts. A grudging or negative attitude by reviewing courts toward warrants is inconsistent with the Fourth Amendment’s strong preference for searches conducted pursuant to a warrant [and] courts should not invalidate ... warrants] by interpreting affidavit[s] in a hyper-technical, rather than a commonsense, manner. [[Image here]] 462 U.S. at 236 , 103 S.Ct. 2317 (internal quotations and citations omitted).”

   2 later decisions quote this exact passage
   e.g. Redini v. State · 155 So. 3d 1210 - Ungray Lamar Murray v. State

2. “`has acted in an objectively reasonable manner, in objective good faith, and as a reasonably well-trained officer would act'”

   2 later decisions quote this exact passage
   e.g. 82 So. 3d 1136 - AW v. State · 1 So. 3d 1257 - State v. Chen

3. “Under Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), if a defendant makes a substantial preliminary showing that the affiant knowingly or intentionally or with reckless disregard for the truth included a false statement in the affidavit, and that statement was necessary to the finding of probable cause, the circuit court must hold a hearing. If the defendant establishes these allegations by a preponderance of the evidence, the court must suppress the fruits of the search. The federal courts have extended the reasoning of Franks to apply to an allegation that law enforcement omitted material facts with the intent to make, or in reckless disregard of whether they thereby made, the affidavit misleading. United States v. Colkley, 899 F.2d 297, 300 (4th Cir.1990) (citing United States v. Reivich, 793 F.2d 957, 961 (8th Cir.1986)); see also Johnson v. State, 660 So.2d 648, 656 (Fla.1995) (adopting the reasoning of Colkley to extend Franks to apply to material omissions resulting from “intentional or reckless police conduct that amounts to deception”).”

   1 later decision quote this exact passage
   e.g. 155 So. 3d 1210 - Ungray Lamar Murray v. State