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← 577 F.2d 821 - United States v. Diaz

United States v. Diaz’s Empirical Analysis

577 F.2d 821 · 1978

Citation profile

43
cited by 43 later decisions
4
states following
October 1992
most recently cited

25 federal appellate · 6 state decisions

How this case has been cited

Cited by 43 later decisions — most recently October 1992 · most notably United States v. Ochs (1979), United States v. Agapito (1980)

25 federal appellate · 6 state decisions

240197819801990decided

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) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)

Relies on Schneckloth v. Bustamonte · Chimel v. California · Coolidge v. New Hampshire · Sedillo v. United States · United States v. Chadwick

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.

  1. “[T]he question whether a consent to a search was in fact "voluntary" or was the product of duress or coercion, express or implied, is a question of fact to be determined from the totality of all the circumstances. . . . * * * * * * But the Fourth and Fourteenth Amendments require that a consent not be coerced, by explicit or implicit means, by implied threat or covert force. For, no matter how subtly the coercion was applied, the resulting "consent" would be no more than a pretext for the unjustified police intrusion against which the Fourth Amendment is directed.”
    2 later decisions quote this exact passage · from the majority
  2. “1. The agents must be lawfully on the premises; 2. The discovery must be inadvertent; 3. Its incriminating nature must be immediately apparent.”
    1 later decision quote this exact passage · from the majority
  3. “[t]he requirement of inadvertence is clearly satisfied.”
    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.