United States v. Choate’s Empirical Analysis
576 F.2d 165 · 1978
Citation profile
65 federal appellate · 5 district · 19 state decisions
How this case has been cited
Cited by 98 later decisions — most recently January 2012 · most notably United States v. Castillo (1988), State v. Marshall (1991)
65 federal appellate · 5 district · 19 state decisions — followed in 11 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 18 U.S.C. § 1701 · 18 U.S.C. § 3332 · 18 U.S.C. § 3731 · 21 U.S.C. § 952 · 21 U.S.C. § 960 · 26 U.S.C. § 7201 · 39 U.S.C. § 401
Relies on Terry v. Ohio · Wong Sun v. United States · Katz v. United States · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Aguilar v. Texas
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 98 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[w]hile the ultimate burden of proof is on the Government to show the absence of taint, the defendant must first establish a factual nexus between the illegality and the challenged evidence. The mere establishment of an illegal search does not place upon the Government the burden of affirmatively proving that each and every piece of evidence is free of taint.””
5 later decisions quote this exact passage · from the concurrence““written request is received from any law enforcement agency of the Federal, State, or local governments, wherein the requesting authority stipulates and specifies the reasonable grounds that exist which demonstrate the mail cover would aid in the location of a fugitive, or that it would assist in obtaining information concerning the commission or attempted commission of a crime.” 2”
3 later decisions quote this exact passage · from the majoritye.g. Vreeken v. Davis · Fred v. Davis“"Rights under the Ninth Amendment are only those `so basic and fundamental and so deep-rooted in our society' to be truly `essential rights,' and which nevertheless, cannot find direct support elsewhere in the Constitution. Griswold v. Connecticut , 381 U.S. 479 , 488-489 , 491 , 85 S.Ct. 1678 , 1685 , 14 L.Ed.2d 510 (Goldberg, J., concurring)." United States v. Choate , 576 F.2d 165 (9th Cir. 1978).”
2 later decisions quote this exact passage · from the concurrence
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.