United States v. Serrano’s Empirical Analysis

Citation profile

54 federal appellate · 1 district · 14 state decisions

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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"During a routine patrol at Tampa Bay around midnight on June 8, 1978, Customs officers spotted a shrimping vessel approximately sixty-five feet in length traveling up the shipping channel towards Tampa without required red and green navigational lights on the bow or white light on the stern. The Customs boat pulled off to the side of the channel and then followed the vessel at a distance of a half-mile to a mile. Officers utilized night vision devices to assist surveillance. The shrimping vessel left the channel and proceeded into shallow waters as it neared Apollo Beach, a residential area with a public launching facility and marina. Its range and deck lights were extinguished, and it went dead in the water. Lights were flashed between the shrimper and a smaller vessel and the two vessels approached or closed with each other. Approximately forty-five minutes later, the shrimper returned to the shipping channel without lights. In the channel all required lights, including navigational lights, were turned on. As the vessel headed down the bay towards open waters of the Gulf of Mexico, several small boats were sighted in her immediate vicinity. Customs officers identified the vessel as the BONNIE LASS, identified themselves and boarded the vessel. A Customs officer was handed the ship's documents and questioned one of five men aboard as to whether he was the captain or the owner or master named in the documents and whether the vessel was carrying any cargo, shrimp or fish. Dur”

   4 later decisions quote this exact passage · from the majority
   e.g. United States v. Villamonte-Marquez · United States v. Alonso

2. “Once a party files a timely and sufficient affidavit that the trial judge is personally prejudiced against him, 28 U.S.C. A. §§ 144 demands the trial judge’s recu-sal. While the trial judge may not pass upon the truthfulness of the affidavit’s allegations, he must determine whether the facts set out in the affidavit are legally sufficient to require recusal. Davis v. Board of School Commissioners, 517 F.2d 1044, 1051 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976). The formula for legal sufficiency adopted by this Court requires defendant to show: 1. The facts are material and stated with particularity. 2. The facts are such that, if true, they would convince a reasonable person that a bias exists. 3. The facts show the bias is personal, as opposed to judicial, in nature. Parrish v. Board of Commissioners of Alabama State Bar, 524 F.2d 98, 100 (5th Cir.1975) (en banc), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976). * * * * * * To be disqualifying, the alleged bias of prejudice must stem from an extrajudicial source. United States v. Grinnell Corp., 384 U.S. 563, 583 , 86 S.Ct. 1698 , 16 L.Ed.2d 778 (1966)....”

   1 later decision quote this exact passage · from the majority
   e.g. Fowler v. United States

3. “"... These observations and the rational inferences they engender reasonably warranted the Customs officers' suspicion that the BONNIE LASS was engaged in illegal smuggling activities. The stop and boarding therefore withstand defendants' constitutional challenge."”

   1 later decision quote this exact passage · from the majority
   e.g. 417 So. 2d 232 - Ex Parte O'Leary