United States v. Mitchell’s Empirical Analysis
274 F. 128 · 1921
Citation profile
3 federal appellate · 9 district · 9 state decisions
How this case has been cited
Cited by 24 later decisions — most recently September 2002
3 federal appellate · 9 district · 9 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.
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is not merely a pro forma mailer, but one of utmost importance, that search warrants should be properly issued in the first instance. They should not be lightly applied for, nor lightly issued, as they trespass upon the most important rights of the people. When issued, they should he promptly served and promptly returned. It should go without saying that they are of such grave importance that they may he amended, if at all, only by the officer issuing them, and then only in conformity with the affidavits or depositions upon which they are based. In the present instance we have an all-devouring warrant issued against an apartment house whore many families reside. This of itself is sufficient to condemn it. as it was never claimed that the whole premises should be searched. ‘Particularly describing the place to be searched’ is the language of the Constitution, and ‘particularly describing the property and the place to be searched’ is the language of the act. The. warrant could not he amended by the officers upon a telephone communication from the commissioner, nor could he himself amend it unless the affidavit itself were so amended as to specify the particular apartment to be searched.””
1 later decision quote this exact passage · from the majority““ * * * And no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.””
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.