United States v. Spivey’s Empirical Analysis
508 F.2d 146 · 1975
Citation profile
38 federal appellate · 1 district · 11 state decisions
How this case has been cited
Cited by 59 later decisions — most recently February 2019 · most notably United States v. Tobias (1981), Kogan v. People (1988)
38 federal appellate · 1 district · 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 Miranda v. State of Arizona Vignera · Mapp v. Ohio · Rochin v. People of California · United States v. Russell · Sorrells 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[T]o be relevant at all, the government’s conduct must be postured as connected in some way to the commission of the acts for which the defendant stands convicted. In cases decided since Russell ... this connection has been implicitly acknowledged by reference to the extent to which the government instigated, participated in, or was involved or enmeshed in, the criminal activity itself. Thus, the more immediate the impact of the government’s conduct upon the particular defendant, the more vigorously would be applied Russell’s test for constitutional impropriety.””
4 later decisions quote this exact passage“It is not improper for law enforcement agents to infiltrate criminal rings and gain the confidence of the participants. Nor is it impermissible to supply some item of value toward the perpetration of the criminal enterprise, for "an agent will not be taken into the confidence of the illegal entrepreneurs unless he has something of value to offer them." The involvement of the agents in this case did not constitute action malum in se, nor can it be said that they engineered and directed the criminal enterprise from start to finish. Only such extreme conduct could arguably constitute a due process violation. Appellants here can only complain that they were taken in by the agents' well practiced disguise.”
2 later decisions quote this exact passage“the traditional, nonconstitutional defense of entrapment,”
2 later decisions 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.