Fernandez v. United States’s Empirical Analysis
321 F.2d 283 · 1963
Citation profile
75 federal appellate · 4 district · 9 state decisions
How this case has been cited
Cited by 95 later decisions (2 by the Supreme Court) — most recently June 2006 · most notably Almeida-Sanchez v. United States (1973), United States v. Peltier (1975)
75 federal appellate · 4 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.
Relationships
Applies 18 U.S.C. § 545 · 8 U.S.C. § 110
Relies on Carroll v. United States · Brinegar v. United States · Husty v. United States · James Edwards, Jr. v. State of South Carolina · Busby v. United States
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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States; [and] (3) within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle ....”
6 later decisions quote this exact passage · from the majority“1. Regulations sanctioning check points 70 miles within the United States are unconstitutional and illegal per se, and are unconstitutional and illegal as applied in this case. 2. The stopping of cars 70 miles within the confines of the United States constitutes unconstitutional and illegal search and is unlawful without probable cause, 3. Evidence discovered during a search following such illegal stopping of a car is “fruit of a poisoned tree”, and must be suppressed.”
1 later decision quote this exact passage · from the majority““It is well settled that a valid search of a vehicle moving on a public highway may be had without a warrant, if probable cause for the search exists, i. e., facts sufficient to warrant a man of reasonable caution in the belief that an offense is being committed.””
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.