United States v. Bailey’s Empirical Analysis
691 F.2d 1009 · 1982
Citation profile
62 federal appellate · 8 district · 77 state decisions
How this case has been cited
Cited by 178 later decisions — most recently February 2021 · most notably United States v. Gonzalez (1996), Commonwealth v. Borges (1985)
62 federal appellate · 8 district · 77 state decisions — followed in 32 states
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. § 111 (Federal Judiciary Protection Act of 2002) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 844 (§ 404 of the Controlled Substances Act)
Relies on Wong Sun v. United States · Brown v. Illinois · Dunaway v. New York · United States v. Robinson · Brewer v. Williams
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 178 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] contrary rule would virtually immunize a defendant from prosecution for all crimes he might commit that have a sufficient causal connection to the police misconduct. ... [E]xtending the fruits doctrine to immunize a defendant from arrest for new crimes gives a defendant an intolerable carte blanche to commit further criminal acts so long as they are sufficiently connected to the chain of causation started by the police misconduct. This result is too far reaching and too high a price for society to pay in order to deter police misconduct.”
9 later decisions quote this exact passage · from the majority“A contrary rule would virtually immunize a defendant from prosecution for all crimes he might commit that have a sufficient causal connection to the police misconduct.”
8 later decisions quote this exact passage · from the majority“[N]otwithstanding a strong causal connection in fact between lawless police conduct and a defendant's response, if the defendant's response is itself a new, distinct crime, then the police constitutionally may arrest the defendant for that crime.”
7 later decisions 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.