United States v. Bennett’s Empirical Analysis
170 F.3d 632 · 1999
Citation profile
10 federal appellate · 3 state decisions
How this case has been cited
Cited by 45 later decisions — most recently June 2021 · most notably United States v. Watkins (1999), United States v. Beals (2012)
10 federal appellate · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on United States v. Leon · Coolidge v. New Hampshire · United States v. Ventresca · Sedillo v. United States · Santoni v. United States
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We note that when examining the legitimacy of search warrants, we are to follow a commonsensical and practical approach, as opposed to an overly technical review. United States v. Ventresca, 380 U.S. 102, 108 , 85 S.Ct. 741 , 13 L.Ed.2d 684 (1965). The warrant in this case, like the warrant issued in Fine, authorized a search of “the premises known and numbered as 792 Goshen-Church Road.... ” This is certainly broad enough to include a shop building located in the curtilage of the property and which is, at most, 100 feet away from the residence. See also United States v. Earls, 42 F.3d 1321, 1327 (10th Cir.l994)(finding that a detached garage, shed and office are the type of buildings which are typically part of residential property, such that a warrant authorizing a search of the premises also permitted a search of these outbuildings located within the curtilage of the residence); United States v. Combs, 468 F.2d 1390 (6th Cir.l972)(finding that where contraband was discovered in a residence pursuant to a valid search warrant, there was also probable cause to search an automobile located on the premises and situated close enough to the residence to be considered within the curtilage). 170 F.3d at 639 (some citations omitted).”
1 later decision quote this exact passage · from the majority“there is no need to search for evidence to link the outbuilding to the allegations in the affidavit; the shop building and the residence are sufficiently connected because they are both within the curtilage of the defendant's property.”
1 later decision quote this exact passage · from the majority“the district court is not bound to accept what the defendant declares is the appropriate date of acceptance of responsibility.”
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.