United States v. McCaleb’s Empirical Analysis
552 F.2d 717 · 1977
Citation profile
101 federal appellate · 1 district · 21 state decisions
How this case has been cited
Cited by 161 later decisions (2 by the Supreme Court) — most recently May 2024 · most notably United States v. Mendenhall (1980), United States v. Sokolow (1989)
101 federal appellate · 1 district · 21 state decisions — followed in 13 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 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Terry v. Ohio · Wong Sun v. United States · Schneckloth v. Bustamonte · Beck v. State of Ohio · Brown v. Illinois
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 161 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Consent “must be proved by ‘clear and positive testimony,’ Amos v. United States, 255 U.S. 313 , 41 S.Ct. 266 , 65 L.Ed. 654 (1921), and ‘must be unequivocal, specific and intelligently given, uncontaminated by any duress or coercion,’ Simmons v. Bomar, 349 F.2d 365 (6th Cir. 1965).” United States v. Hearn, supra, 496 F.2d at 244 . [Emphasis added.]”
5 later decisions quote this exact passage · from the majority“referred to in those cases, more specifically suggestive of complicity in the drug traffic, were (1) use of small denomination currency to buy airline ticket, (2) travel to and from drug import centers, (3) absence of luggage or use of an empty suitcase, (4) nervousness, and (5) use of an alias. Yet the Sixth Circuit Court has been clear that”
3 later decisions quote this exact passage · from the majority“No single fact is determinative of the voluntariness of a consent to search, but rather, voluntariness is to be determined 'from the totality of all the circumstances.'”
3 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.