United States v. McCain’s Empirical Analysis
556 F.2d 253 · 1977
Citation profile
31 federal appellate · 3 district · 4 state decisions
How this case has been cited
Cited by 43 later decisions — most recently January 2016 · most notably Nash v. Estelle (1979), United States v. Elmore (1979)
31 federal appellate · 3 district · 4 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 19 U.S.C. § 1582 (Tariff Act of 1930) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Miranda v. State of Arizona Vignera · Brewer v. Williams · Oregon v. Mathiason · Louisville & Nashville Railroad v. United States · Mark Trail Camp Grounds, Inc. v. Field Enterprises, Inc.
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Thousands of persons enter the country daily and are subject to some degree of detention while their luggage is searched and they are asked routine questions concerning citizenship, destination, whether they have items to declare, questions regarding contraband and the like. To hold that questions of these types or routine border searches of luggage place a person “in custody” within the meaning of Miranda would unduly distort that case. However, when the border search or detention becomes more than routine, such as when a person is discovered to be concealing suspicious materials, or when a person is taken to a private room and strip searched, as here, a different outcome obtains.”
1 later decision quote this exact passage · from the majority“[retaining luggage] itself is a sufficient restriction on one's freedom of action so as to trigger the giving of Miranda warnings before proceeding with any interrogation.”
1 later decision quote this exact passage · from the majority“The whole purpose of the talk given to the defendant (about the dangers of carrying drugs internally) was to persuade the defendant to confess.”
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.