United States v. McSwain’s Empirical Analysis
29 F.3d 558 · 1994
Citation profile
86 federal appellate · 28 district · 44 state decisions
How this case has been cited
Cited by 206 later decisions — most recently October 2022 · most notably United States v. Botero-Ospina (1995), United States v. McRae (1996)
86 federal appellate · 28 district · 44 state decisions — followed in 15 states
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. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 28 U.S.C. § 1291
Relies on Terry v. Ohio · Florida v. Royer · Brown v. Illinois · Florida v. Bostick · United States v. Sharpe
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 206 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“further detention of the vehicle to question [defendant] about his vehicle and travel itinerary and to request his license and registration exceeded the scope of the stop's underlying justification.”
11 later decisions quote this exact passage · from the majority“whether the officer's action was justified at its inception, and whether [the action] was reasonably related in scope to the circumstances which justified the interference.”
6 later decisions quote this exact passage · from the majority“the detaining officer must have an objectively reasonable articulable suspicion that a traffic violation has occurred or is occurring before stopping the automobile.”
6 later decisions 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.