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← 725 F.2d 450 - United States v. Purham

United States v. Purham’s Empirical Analysis

725 F.2d 450 · 1984

Citation profile

71
cited by 71 later decisions
13
states following
September 2024
most recently cited

41 federal appellate · 3 district · 19 state decisions

How this case has been cited

Cited by 71 later decisions — most recently September 2024 · most notably State v. Kemp (1986), Bloodsworth v. State (1986)

41 federal appellate · 3 district · 19 state decisions — followed in 13 states

43019841990200020102020decided

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. § 2114 · 18 U.S.C. § 3006A (Criminal Justice Act)

Relies on Schneckloth v. Bustamonte · United States v. Wade · Payton v. New York · Spinelli v. United States · Beck v. State of Ohio

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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “the consent of one who possesses common authority over the premises ... is valid as against the... nonconsenting person with whom the authority is shared.”
    2 later decisions quote this exact passage · from the majority
  2. “"Warrantless arrest in the accused's home is not permissible absent exigent circumstances or consent to enter. Payton v. New York , 445 U.S. 573 , 576 , 100 S.Ct. 1371 , 1374 , 63 L.Ed.2d 639 (1980). '[T]he consent of one who possesses common authority over the premises . . . is valid as against the absent, nonconsenting person with whom the authority is shared.' United States v. Matlock , 415 U.S. 164 , 170 , 94 S.Ct. 988 , 993 , 39 L.Ed.2d 242 (1974). We have previously held that the third party consent must be voluntarily given to be valid and binding against the accused. E.g., United States v. Patterson , 554 F.2d 852 , 854 (8th Cir. 1977) (per curiam). Whether the consent is truly voluntary is to be determined by the totality of the circumstances. Schneckloth v. Bustamonte , 412 U.S. 218 , 226 , 93 S.Ct. 2041 , 2047 , 36 L.Ed.2d 854 (1973)." United States v. Purham , 725 F.2d 450 , 455 (8th Cir. 1984).”
    1 later decision quote this exact passage · from the majority
  3. “The initiation of judicial criminal proceedings is far from a mere formalism. It is the starting point of our whole system of adversary criminal justice. For it is only then that the government has committed itself to prosecute, and only then that the adverse positions of government and defendant have solidified. It is then that a defendant finds himself faced with the prosecutorial forces of organized society, and immersed in the intricacies of substantive and procedural criminal law. It is this point, therefore, that marks the commencement of the “criminal prosecutions” to which alone the explicit guarantees of the Sixth Amendment are applicable. In this case we are asked to import into a routine police investigation an absolute constitutional guarantee historically and rationally applicable only after the onset of formal prosecutorial proceedings. We decline to do so.”
    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.