Agnello v. United States’s Empirical Analysis

Citation profile

1,289 federal appellate · 206 district · 1,205 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 3,322 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The right without a search warrant contemporaneously to search persons lawfully arrested while committing crime and to search the place where the arrest is made in order to find and seize things connected with the crime as its fruits or as the means by which it was committed, as well as weapons and other things to effect an escape from custody, is not to be doubted.”

   92 later decisions quote this exact passage
   e.g. Go-Bart Importing Co. v. United States · Harris v. United States

2. “[T]he contention that the evidence of the search and seizure was admissible in rebuttal is without merit. In his direct examination, Agnello was not asked and did not testify concerning the can of cocaine. In cross-examination, in answer to a question permitted over his objection, he said he had never seen it. He did nothing to waive his constitutional protection or to justify cross-examination in respect of the evidence claimed to have been obtained by the search. As said in Silverthorne Lumber Co. v. United States, 251 U.S. [385] 392, 40 S.Ct. 182 , 64 L.Ed. [319] 322, 24 A.L.R. 1426 : “The essence of a provision forbidding the acquisition of evidence in a certain way is that not merely evidence so acquired shall not be used before the court, but that it shall not be used at all.” The admission of evidence obtained by the search and seizure was error, and prejudicial to the substantial rights of Frank Agnello.”

   5 later decisions quote this exact passage · from the majority
   e.g. United States v. Hernandez · Birns v. Perini

3. ““The government contends that, even if the search and seizure were unlawful, the evidence was admissible because no application on behalf of defendant was made to the court for the return of the can of cocaine. The reason for such application, where required, is that the court will not pause in a criminal case to determine collateral issues as to how the evidence was obtained. See Adams v. People of State of New York, 192 U.S. 585 , 594, 24 S.Ct. 372 , 48 L.Ed. 575 , affirming 176 N.Y. 351 , 68 N.E. 636 , 63 L.R.A. 406 . But, in this case, the facts disclosing that the search and seizure violated the Fourth Amendment were not in controversy. They were shown by the examination of the witness called to give the evidence. There was no search warrant, and from the first the position of the government has been that none was necessary. In substance, Frank Agnello testified that he never had possession of the can of cocaine and never saw it until it was produced in court. There is nothing to show that, in advance of its offer in evidence, he knew that the government claimed it had searched his house and found cocaine there, or that the prosecutor intended to introduce evidence of any search or seizure. It would be unreasonable to hold that he was bound to apply for the return of an article which he maintained he never had. Where, by uncontroverted facts, it appears that a search and seizure were made in violation of the Fourth Amendment, there is no reason why one whose rights have ”

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