Flagg v. United States’s Empirical Analysis

Citation profile

15 federal appellate · 14 district · 3 state decisions

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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"liad there been such a warrant issued on proper proof by competent authority in the case at liar, the* defendant's contention that the seizure of Ms property was unlawful, wanton, and in violation of Ms constitutional rights might novo been unavailing. Such a warrant, issued by a court of magistrate having jurisdiction, protects the oilicer executing it, even though he may transcend his authority.””

   2 later decisions quote this exact passage · from the majority
   e.g. Rice v. United States · United States v. Gouled

2. ““We therefore reach the conclusion that the letters in question were taken from the house of the accused by an official of the United States acting under color of his office in direct violation of the constitutional rights of the defendant; that having made a seasonable application for their return, which was heard and passed upon by the court, there was involved in the order refusing the application a denial of the constitutional rights of the accused; and that the court should have restored these letters to the accused. In holding them, and permitting their use upon the trial, we think prejudicial error was committed. As to the papers and property seized by the policemen, it does not appear that they acted under any claim of federal authority such as would make the amendment applicable to such unauthorized seizures. The record shows that what they did by way of arrest and search and seizure was done before the finding of the indictment in the federal court, under what supposed right or authority does not appear. What remedies the defendant may have against them we need not inquire, as the Fourth Amendment is not directed to individual misconduct of such officials. Its limitations reach the federal government and its agencies.””

   1 later decision quote this exact passage · from the majority
   e.g. Lee v. United States

3. ““The question then is reduced to this:. Oan a party be convicted of a crime upon proof procured from the books and papers which have been taken from him by force and without pretense of legal authority? * * The return of the defendant’s books and papers, after all the information contained therein had been obtained by the prosecuting officers, clid not cure the original trespass. The wrong had then been done. The information illegally obtained was in the possession of the United States attorney, whose agents had been working over the papers ‘for three long years.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Silverthorne