Simmons v. Bomar’s Empirical Analysis
1964
Citation profile
6 federal appellate · 6 state decisions
How this case has been cited
Cited by 14 later decisions — most recently July 2000
6 federal appellate · 6 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
Relies on Wong Sun v. United States · Carroll v. United States · Brinegar v. United States · Giordenello v. United States · Amos 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There is no question that one’s constitutional right to demand a search warrant can be waived or that one can consent to a search without a warrant. United States v. Jones, 204 F.2d 745 (7th Cir. 1953), cert. denied, 346 U.S. 854 , 74 S.Ct. 67 , 98 L.Ed. 368 . However, this is not presumed, and the burden is upon the state to show that a competent and voluntary waiver has been made. Mere acquiescence or consent in the face of an announced or apparent intention to search with or without a warrant or permission does not constitute a waiver. See Amos v. United States, 255 U.S. 313 , 41 S.Ct. 266 , 65 L.Ed. 654 (1921); Catalanotte v. United States, 208 F.2d 264 (6th Cir. 1953); Judd v. United States, 89 U.S.App.D.C. 64 , 190 F.2d 649 (1951); United States v. Evans, supra [ 194 F.Supp. 90 , D.C.] “However, where, as here, the consent is given in response to an announced intention to leave and secure a warrant if permission is not given, the waiver is competent and voluntary. Gatterdam, et al., v. United States, 5 F.2d 673 (6th Cir. 1925); United States v. Page, 302 F.2d 81 (9th Cir. 1962); Grice v. United States, 146 F.2d 849 (4th Cir. 1945); United States v. Haas, 106 F.Supp. 295 (W.D.Pa.1952); Frix v. State, 148 Tenn. 478 , 256 S.W. 449 (1923).””
1 later decision quote this exact passage“In some instances it might be better practice for police officers to announce their authority and purpose before entering a dwelling. However, under the circumstances disclosed by the record it cannot be said that the conduct of these officers constituted an unlawful or unreasonable entry. They neither used nor threatened force or violence; they did not employ fraud, disguise, or deception. Consequently, that [Officer] Morrison thought Simmons did not immediately recognize him, does not render the invitation of Simmons to ‘come in’ any less effective in validating the subsequent entry. Nevertheless, it is clear that so far Simmons had not waived his right to require a search warrant, and had the police officers begun a search without further consent such action would have been unlawful and any evidence disclosed would have been inadmissible. (Citation omitted).”
1 later decision quote this exact passage“Kenneth, we've got information you’ve got a lot of stolen stuff in this house,” to which defendant responded he knew nothing about it and after he was told the police would obtain a warrant he said,”
1 later decision quote this exact passage
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.