Ward v. United States’s Empirical Analysis
316 F.2d 113 · 1963
Citation profile
16 federal appellate · 2 district · 4 state decisions
How this case has been cited
Cited by 25 later decisions (1 by the Supreme Court) — most recently March 1992 · most notably United States v. Watson (1975), United States v. Murray (1973)
16 federal appellate · 2 district · 4 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. § 1708 · 18 U.S.C. § 371
Relies on United States v. Rabinowitz · United States v. Di Re · Agnello v. United States · Union Transfer Co. v. United States · People v. Boss
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We believe, however, that in absence of an applicable federal statute the law of the state where an arrest without warrant takes place determines its validity. By one of the earliest acts of Congress, the principle of which is still retained, the arrest by judicial process for a federal offense must be ‘agreeably to the usual mode of process against offenders in such State.’ [quoting the 1789 statute in a footnote] There is no reason to believe that state law is not an equally appropriate standard by which to test arrests without warrant, except in those cases where Congress has enacted a federal rule. Indeed the enactment of a federal rule in some specific eases seems to imply the absence of any general federal law of arrest. “Turning to the Acts of Congress to find a rule for arrest without warrant, we find none which controls such a case as we have here and none that purports to create a general rule on the subject. If we were to try to find or fashion a federal rule for arrest without warrant, it appears that the federal legislative materials are meager, inconsistent and inconclusive. sjc Jfc % í¡! Sfc # “No act of Congress lays down a' general federal rule for arres c without warrant for federal offenses. None purports to supersede state law. And none applies to this arrest which, while for a federal offense, was made by a state officer accompanied by federal officers who had no power of arrest. Therefore the New York statute provides the standard by which this arrest m”
1 later decision quote this exact passage · from the majority““Would the information and knowledge the arresting person had lead a person of ordinary reasonable judgment, * * * to believe the person to be arrested had committed the felony?””
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.