United States v. Homburg’s Empirical Analysis
546 F.2d 1350 · 1976
Citation profile
26 federal appellate · 2 district · 3 state decisions
How this case has been cited
Cited by 39 later decisions — most recently August 2007 · most notably 8 Va. App. 532 - Limonja v. Commonwealth (1989), McMorris v. Alioto (1978)
26 federal appellate · 2 district · 3 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 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 844 (§ 404 of the Controlled Substances Act)
Relies on Terry v. Ohio · Home Building & Loan Ass'n v. Blaisdell · Babich v. United States · Huddleston v. United States · New York v. Penn Central Transportation Co.
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Davis strongly indicates ... that a party may revoke his consent to be searched any time prior to boarding the plane, even when he has passed beyond the initial screening point, if he agrees to leave the boarding area. Other decisions of this court have also recognized that a passenger always maintains the option of leaving. See, e.g., United States v. Miner, 484 F.2d 1075 (9th Cir.1973); United States v. Moore, 483 F.2d 1361 (9th Cir.1973). We must therefore reject the government’s view of its power to search within the boarding area as too sweeping. Since the undisputed evidence indicates that appellant wished to leave the boarding area, the trial judge erred in finding the search reasonable under the general doctrine of implied consent.”
1 later decision quote this exact passage · from the majority“We have held that, as a matter of constitutional law, a prospective passenger has a choice: he may submit to a search of his person and immediate possessions as a condition to boarding; or he may turn around and leave. If he chooses to proceed, that choice, whether viewed as a relinquishment of an option to leave or an election to submit to the search, is essentially a "consent,” granting the government a license to do what it would otherwise be barred from doing by the Fourth Amendment.”
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.