Public-domain · open source
OpenJurist
← 682 F.2d 876 - United States v. Ward

United States v. Ward’s Empirical Analysis

682 F.2d 876 · 1982

Citation profile

18
cited by 18 later decisions
6
states following
February 2009
most recently cited

6 federal appellate · 1 district · 6 state decisions

How this case has been cited

Cited by 18 later decisions — most recently February 2009

6 federal appellate · 1 district · 6 state decisions

90198219902000decided

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 26 U.S.C. § 7203

Relies on Terry v. Ohio · Adams v. Williams · United States v. Russell · Ybarra v. Illinois · Lewis 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““We observe that the Fourth Amendment violation found here may have been readily avoided had the search warrant been drafted to include a search of Ward’s person. Henry’s affidavit was certainly adequate to establish probable cause for searching both the residence and Ward’s person. The search warrant, as originally drafted, included a search of Ward. This language, however, was, for some unexplained reason, deleted from the warrant.””
    2 later decisions quote this exact passage · from the majority
  2. “it was not supported by a reasonable suspicion that he was armed and presently dangerous.”
    2 later decisions quote this exact passage · from the majority
  3. “The initial frisk of Ybarra was simply not supported by a reasonable belief that he was armed and presently dangerous, a belief which this Court has invariably held must form the predicate to a patdown of a person for weapons.... 34 "The Terry case created an exception to the requirement of probable cause, an exception whose 'narrow scope' this Court 'has been careful to maintain.' Under that doctrine a law enforcement officer, for his own protection and safety, may conduct a patdown to find weapons that he reasonably believes or suspects are then in the possession of the person he has accosted.... Nothing in Terry can be understood to allow a generalized 'cursory search for weapons' or, indeed, any search whatever for anything but weapons. The 'narrow scope' of the Terry exception does not permit a frisk for weapons on less than reasonable belief or suspicion directed at the person to be frisked....”
    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.