United States v. Howard’s Empirical Analysis
621 F.3d 433 · 2010
Citation profile
16 federal appellate · 5 state decisions
Appellate journey
Relationships
Applies 18 U.S.C. § 3006A (Criminal Justice Act) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Jackson v. Virginia · Terry v. Ohio · Illinois v. Gates · Delaware v. Van Arsdall · Ornelas v. United States
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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The task of the issuing magistrate is simply to make a practical, commonsense decision whether, given all the circumstances set forth in the affidavit before him, including the veracity and basis of knowledge of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of a reviewing court is simply to ensure that the magistrate had a substantial basis for concluding that probable cause existed.”
1 later decision quote this exact passage · from the majority“[T]he primary issue in determining the credibility of a dog's alert is not the capability or ability of a dog to accurately identify particular scents, but is instead the communication between the handler and the dog based on that indisputable ability. This determination in turn rests almost entirely on the credibility of the dog handler's testimony because the handler is the only witness who can speak to the subjective interaction during a particular dog alert.”
1 later decision quote this exact passage · from the majoritye.g. Pier v. State“(1) whether the remark was unsolicited, (2) whether the government’s line of questioning was reasonable, (3) whether the limiting instruction was immediate, clear, and forceful, (4) whether any bad faith was evidenced by the government, and (5) whether the remark was only a small part of the evidence against the defendant.”
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.