United States v. Birrell’s Empirical Analysis
470 F.2d 113 · 1972
Citation profile
44 federal appellate · 4 state decisions
How this case has been cited
Cited by 55 later decisions (1 by the Supreme Court) — most recently May 2017 · most notably United States v. Hearst (1977), United States v. Kahan (1974)
44 federal appellate · 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. § 1621 · 18 U.S.C. § 3006A (Criminal Justice Act)
Relies on Katz v. United States · Chimel v. California · Coolidge v. New Hampshire · Jones v. United States · Sedillo 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There is no reason why evidence which is legitimately in the hands of one state or federal police department cannot be made available to other state or federal law enforcement agencies without a warrant, even if it is to be used for a different purpose. The majority, relying upon Coolidge v. New Hampshire, 403 U.S. 443, 478-481 , 91 S.Ct. 2022 , 29 L.Ed.2d 564 (1971), suggests that a second police authority must secure a warrant for its additional ‘minor’ intrusion. This cited portion of Coolidge is a reference to the fact that a warrant is required to search a person’s home, even if he is arrested in it without a warrant, but I do not see that this Coolidge discussion, or any other case, mandates that interpolice-agency use of evidence be restricted.” 470 F.2d 113, 117 .”
1 later decision quote this exact passage“If the papers had remained in [the victim’s] hotel room, [there] is clear authority that federal law enforcement officers could not lawfully have searched them for the purpose of obtaining evidence against Birrell without having obtained a warrant. We fail to see how the taking into custody by the city police, proper though we have held this to be, relieves federal authorities from a requirement that would have existed if Birrell’s papers had been left where they were.”
1 later decision quote this exact passage“It can be argued that a different decision would be reached if, for example, the city police, knowing of the federal interest in Birrell, had on their own initiative delivered his papers to the Assistant United States Attorney, since then there would have been no federal seizure.”
1 later decision quote this exact passage
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.