56 Cal. 2d 879 - In Re Harris’s Empirical Analysis
1961
Citation profile
11 federal appellate · 3 district · 114 state decisions
How this case has been cited
Cited by 148 later decisions — most recently December 1985 · most notably 65 Cal. 2d 681 - People v. Rollins (1967), 62 Cal. 2d 368 - In Re Lopez (1965)
11 federal appellate · 3 district · 114 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
Relies on Mapp v. Ohio · Jones v. United States · Rochin v. People of California · Weeks v. United States · Roth 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 148 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The law of search and seizure has not been static. . . . If collateral attack was permissible, such changes would invite fresh attacks on final judgments affirmed on appeal under the preexisting rules or on judgments from which appeals were excusably not taken in view of the apparent state of the law. Moreover, if such changes reflected refinements and improvements in constitutional law that went to the correct determination of guilt itself, one would indeed be reluctant to deny their benefits to persons claiming that they had been convicted of crimes they did not commit through the denial of rights now determined to be of constitutional magnitude. Such changes, however, like the exclusionary rule itself have no bearing on the issue of guilt, and it is therefore easily understandable why the lower federal courts have consistently adhered to the rule that the question of unconstitutionally seized evidence may not be raised on collateral attack. [Citations.]”
2 later decisions quote this exact passage“Illegally seized evidence [as opposed to involuntary confessions], on the contrary, is not made unreliable by the illegality of its seizure, and accordingly, to permit collateral attack because of its use would be justified only to deter unlawful police conduct. The right to challenge police conduct at the trial and on appeal is sufficient for that purpose.”
2 later decisions quote this exact passage“whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interests”
1 later decision quote this exact passage
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.