Bad Elk v. United States’s Empirical Analysis
177 U.S. 529 · 1900
Citation profile
107 federal appellate · 7 district · 129 state decisions
How this case has been cited
Cited by 299 later decisions (20 by the Supreme Court) — most recently July 2024 · most notably Carroll v. United States (1925), Payton v. New York (1980)
107 federal appellate · 7 district · 129 state decisions — followed in 32 states
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
Relies on Rafferty v. People · Rafferty v. People
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 299 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the officer had no right to arrest, the other party might resist the illegal attempt to arrest him, using no more force than was absolutely necessary to repel the assault constituting the attempt to arrest.”
7 later decisions quote this exact passage · from the majority“>■ * * * The law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer liad no such right. What might be murder in the first case might be nothing more (han manslaughter in the other, or the facts might show that no offense had been committed.””
2 later decisions quote this exact passage · from the majority“an officer, at common law, was not authorized to make an arrest without a warrant, for a mere misdemeanor not committed in his presence.”
2 later decisions 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.