Lee v. United States’s Empirical Analysis
232 F.2d 354 · 1956
Citation profile
36 federal appellate · 10 district · 20 state decisions
How this case has been cited
Cited by 80 later decisions — most recently June 1976 · most notably 63 Cal. 2d 659 - People v. Cockrell (1965), Duncan v. State (1965)
36 federal appellate · 10 district · 20 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. § 2
Relies on Carroll v. United States · Brinegar v. United States · Johnson v. United States · Weeks v. United States · United States v. Rabinowitz
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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * * It is argued that the arrest was lawful because the officers had probable cause to know that a felony had been committed and, based on the tip, that Lee had committed it. But we do not reach that question because the search and seizure were not in reality incident to the arrest. The testimony shows that the search and seizure preceded the arrest, and that the officers intended by the entry and search to secure evidence upon which to predicate the subsequent arrest. * * * A number of courts have held in similar circumstances that such a search is not incident to the arrest, but rather the arrest is in truth incident to the search [citing cases]. And of course the search cannot be justified by what it turned up. [citing cases] “Since there was no arrest to which the search and seizure were incident, and since there was no search warrant, the search and seizure of the guns were unlawful under the Fourth Amendment to the Constitution of the United States, for there were no circumstances which could justify dispensing with the necessity for a search warrant. * * *””
1 later decision quote this exact passage · from the majoritye.g. Wilson v. People“`There was no question of violence, no movable vehicle was involved, nor was there an arrest or imminent destruction, removal, or concealment of the property intended to be seized. In fact, the officers admit they could have easily prevented any such destruction or removal by merely guarding the door.'”
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.