Durham v. United States’s Empirical Analysis
403 F.2d 190 · 1968
Citation profile
64 federal appellate · 2 district · 36 state decisions
How this case has been cited
Cited by 119 later decisions — most recently March 2022 · most notably State v. Dotson (1971), United States v. Lacy (1997)
64 federal appellate · 2 district · 36 state decisions — followed in 20 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. § 474
Relies on Miranda v. State of Arizona Vignera · Chapman v. State of California · Wong Sun v. United States · United States v. Wade · Aguilar v. Texas
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 119 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(t)he facts submitted to the Commissioner must be sufficient to justify a conclusion by him that the property which is the object of the search is probably on the person or premises to be searched at the time the warrant is issued.”
4 later decisions quote this exact passage · from the majority“[t]he length of the time lapse alone is not controlling since even a brief delay may preclude an inference of probable cause in some circumstances while in others a relatively long delay may not do so.”
4 later decisions quote this exact passage · from the majority““The facts must show that the property to be seized was known to be at the place to be searched so recently as to justify the belief that the property is still there at the time of the issuance of the warrant”. (Emphasis added). (At.194). (Schoeneman, supra, at 177 , in accord) , 11”
2 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.