Kahn v. Flood’s Empirical Analysis

Citation profile

5 federal appellate · 1 district ·

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Petitioners contend that they were denied a ‘full and fair’ hearing in the state courts because of the New York rule which requires a demonstration of perjurious statement by the affiant, a rule allegedly more restrictive than that which obtains in federal court. On the contrary, it is clear that neither jurisdiction would invalidate the warrant without some showing of an affiant’s knowing misstatement. ” “Accord, United States ex rel DeRosa v. LaVallee, 406 F.2d 807, 808 (2d Cir.), cert. denied, 396 U.S. 854 , 90 S.Ct. 115 , 24 L.Ed.2d 103 (1969) (probable cause determined upon information furnished issuing magistrate unless materially false ‘to the knowledge of the affiant’); United States v. Perry, 380 F.2d 356, 358 (2d Cir.), cert. denied 389 U.S. 943 , 88 S.Ct. 307 , 19 L.Ed.2d 299 (1967) (probable cause established if facts alleged establish illegality if true and affiant has reasonable grounds for believing them true; accura cy of informant’s information ‘not relevant’).” At 785-786 (emphasis added, footnote omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. 430 F. Supp. 931 - United States v. Volpe

2. “where the State has provided an opportunity for full and fair litigation of a Fourth Amendment claim, a state prisoner may not be granted federal habeas corpus relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial.”

   1 later decision quote this exact passage · from the majority
   e.g. Pulver v. Cunningham