United States v. Como’s Empirical Analysis
340 F.2d 891 · 1965
Citation profile
42 federal appellate · 11 state decisions
How this case has been cited
Cited by 70 later decisions — most recently June 2022 · most notably United States v. Gorman (1965), United States v. Thompson (1965)
42 federal appellate · 11 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
Relies on Johnson v. United States · Haynes v. Washington · Tilton v. Missouri Pacific Railroad · Frank v. Maryland · United States v. Viale
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[A]n accused’s voluntary consent must be proven by clear and positive evidence. A consent is not a voluntary one if it is the product of duress or coercion, actual or implicit. Moreover, to be voluntary, a consent must have been unequivocal, specific, and intelligently given.” United States v. Smith, 308 F.2d 657, 663 (2d Cir. 1962), cert. denied, 372 U.S. 906 , 83 S.Ct. 717 , 9 L.Ed.2d 716 (1963).”
3 later decisions quote this exact passage · from the majority““Although the line between an accused’s voluntary consent and his involuntary submission to police authority is often difficult to draw, we are persuaded that on the record before us there has not been a sufficient showing of true consent, free from chicanery or compulsion. To hold otherwise in these circumstances would, as the late Justice Jackson once eloquently remarked, ‘obliterate one of the most fundamental distinctions between our form of government, where officers are under the law, and the police-state where they are the law.’ Johnson v. United States, 333 U.S. 10 , 17, 68 S.Ct. 367 , 370, 92 L.Ed. 436 (1948). The civilized standards of fundamental fairness developed over the years in this area must be zealously guarded by the trial and appellate courts if the guarantees of the Bill of Rights are to be kept meaningful and not permitted to evaporate through silent abrogation.” United States v. Como, 2 Cir. 1965, 340 F.2d 891 , 894-895.”
1 later decision quote this exact passage · from the majority“in few branches of the law is a precise case by case analysis and meticulous comparison of precedential authority so essential.”
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.