Public-domain · open source
OpenJurist
← 556 F.2d 1312 - United States v. Brand

United States v. Brand’s Empirical Analysis

556 F.2d 1312 · 1977

Citation profile

121
cited by 121 later decisions
18
states following
November 2023
most recently cited

74 federal appellate · 34 state decisions

How this case has been cited

Cited by 121 later decisions — most recently November 2023 · most notably State v. Sage (1987), United States v. Benitez (1994)

74 federal appellate · 34 state decisions — followed in 18 states

480197719801990200020102020decided

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. § 3282 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)

Relies on Aguilar v. Texas · Spinelli v. United States · Johnson v. United States · United States v. Marion · Alderman 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 121 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““We reject the defendant’s contention because it misconceives the nature of the fourth amendment interest at stake. The amendment protects the citizen against invasion of privacy. Once that interest is invaded legally by an official of the State, the citizen has lost his reasonable expectation of privacy to the extent of the invasion. As this Court has held repeatedly, additional investigators, or officials may therefore enter a citizen’s property after one official has already intruded legally____ Later arrivals may join their colleagues even though the exigent circumstances justifying the initial entry no longer exists.” (footnote and citations omitted) (emphasis supplied).”
    5 later decisions quote this exact passage · from the majority
  2. “a sensitive balancing of the government's need for an investigative delay ... against the prejudice asserted by the defendant.”
    2 later decisions quote this exact passage · from the majority
  3. “the [officers had to] confine their intrusion to the scope of the original invasion,”
    2 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.