Friedman v. Boucher’s Empirical Analysis
580 F.3d 847 · 2009
Citation profile
16 federal appellate · 6 state decisions
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Katz v. United States · Anderson v. Creighton · Wolff v. McDonnell · Bell v. Wolfish · Pearson v. Callahan
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The warrantless, suspicion-less, forcible extraction of a DNA sample from a private citizen violates the Fourth Amendment. The actions of the officers were not justified under the ‘special needs’ exception, reliance on an extraterritorial statute, or on general Fourth Amendment principles. The search and seizure of Friedman’s DNA violated the Constitution.”
2 later decisions quote this exact passage · from the majority“After Friedman repeatedly refused to voluntarily provide a DNA sample, Boucher forced Friedman's jaw open and forcefully took a buccal swab from the inside of Friedman’s mouth. This search was not related to the Nevada charges then-pending against Friedman. Indeed, [the deputy district attorney] later represented to a Nevada Justice Court that she had ordered the search to use Friedman's DNA in the investigation of cold cases. Friedman was not a suspect in any of the cases.”
1 later decision quote this exact passage · from the majority“[n]either (he Supreme Court nor our court has permitted general suspicionless, warrantless searches of pre-trial detainees for grounds other than institutional security or other legitimate penological interests.” Id. This reasoning does not undermine the line of case law holding that booking procedures that confirm an individual’s identity are both reasonable and necessary to further legitimate law enforcement objectives. The Ninth Circuit itself has noted that”
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.