United States v. Posey’s Empirical Analysis
663 F.2d 37 · 1981
Citation profile
19 federal appellate · 4 district · 13 state decisions
How this case has been cited
Cited by 39 later decisions — most recently May 2014 · most notably United States v. Garcia (1990), United States v. Rubio-Rivera (1990)
19 federal appellate · 4 district · 13 state decisions
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 18 U.S.C. § 2113 · 18 U.S.C. § 371
Relies on Terry v. Ohio · Chapman v. State of California · Rakas v. Illinois · Adams v. Williams · Delaware v. Prouse
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The officer’s] testimony does not persuasively indicate what in his experience as a police officer would cause him to reasonably suspect, based on Posey’s conduct ..., that criminal activity was afoot____ [His] observations did not lead him to take the ‘necessarily swift action’ authorized by Terry ... Even assuming ... justification for a Terry stop, that justification had evaporated by the time of the stop. Presumably, the criminal activity was ... to rob the Steele bank. Once Posey was fifteen miles outside of Steele traveling away from that town it cannot fairly be contended that Posey’s conduct gave rise to a reasonable suspicion that a crime had been committed or was about to be committed.”
2 later decisions quote this exact passage“must be able to declare a belief that it was harmless beyond a reasonable doubt.”
1 later decision quote this exact passagee.g. Harrison v. Owen
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.