United States v. Pack’s Empirical Analysis
612 F.3d 341 · 2010
Citation profile
20 federal appellate · 5 district · 10 state decisions
Appellate journey
Relationships
Applies 16 U.S.C. § 916 (Whaling Convention Act of 1949) · 18 U.S.C. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Terry v. Ohio · Illinois v. Gates · Simmons v. United States · Steel Co. v. Citizens for a Better Environment · Rakas v. Illinois
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 126 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Requiring police to have particularized facts that support a finding that 'criminal activity may be afoot' is different from requiring the police to articulate particularized facts that support a finding that a particular specific crime is afoot.”
2 later decisions quote this exact passage · from the dissent“Pack argues that our opinions in Jones and Santiago established that inconsistent stories are insufficient to create reasonable suspicion. Our opinions in United States v. Estrada and United States v. Gonzalez contain dicta that support this argument. Estrada , 459 F.3d at 631 ; Gonzalez , 328 F.3d 755 , 758 (5th Cir. 2003). Nevertheless, we find that this argument is without merit, (1) because Pack's inconsistent story is not the only factor that Worley cited as having caused him to suspect that Pack was engaged in criminal activity, (2) because we believe that these cases rely on the portion of Dortch that we have held was abrogated by our en banc opinion in Brigham , and (3) because the inconsistent stories of Pack and Williamson here are properly distinguished from the minor or irrelevant inconsistencies found in the cases Pack would have us follow.”
1 later decision quote this exact passage · from the dissent“officers to draw on their own experience and specialized training to make inferences from and deductions about the cumulative information available to them that 'might well elude an untrained person.' " United States v. Arvizu , 534 U.S. 266 , 273, 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002) (quoting Cortez , 449 U.S. at 418 , 101 S.Ct. 690 ). Finally, the police have reasonable suspicion if they are "able to articulate specific facts that supported their belief that there was something illegal afoot..., even if they [cannot] link those facts to a particular specific crime.”
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.