United States v. Kemp’s Empirical Analysis
12 F.3d 1140 · 1994
Citation profile
16 federal appellate · 9 state decisions
Relationships
Applies 18 U.S.C. § 3109
Relies on Miller v. United States · Consolidation Coal Co. v. South-East Coal Co. · Brotherhood of Railway & Steamship Clerks v. Florida East Coast Railway Co. · United States v. Bustamante-Gamez · United States v. Bonner
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Inasmuch as the occupant then had no right to refuse the officer admission [once the door was open and authority and purpose announced], no interest served by the knock and announce statute would be furthered by requiring the officer{s] to stand at the open doorway for [a period of time] in order to determine whether the occupant means to admit [them].”
1 later decision quote this exact passage · from the majoritye.g. State v. Floor“When the police and the occupant of a dwelling face each other through an open doorway and the police announce their purpose before entering, any violence that might ensue between the occupant and the officers is not attributable to surprise and is not likely to be averted by the police standing around [for several seconds].”
1 later decision quote this exact passage · from the majoritye.g. State v. Floor“Because an occupant, in the face of a valid search warrant, has no right to refuse admission to police, no interest served by the knock and announce rule would be furthered by requiring police officers to stand at an open doorway for a few seconds in order to determine whether the occupant means to admit them.”
1 later decision quote this exact passage · from the majority
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.