United States v. Cherry’s Empirical Analysis
759 F.2d 1196 · 1985
Citation profile
81 federal appellate · 7 district · 55 state decisions
How this case has been cited
Cited by 177 later decisions — most recently December 2024 · most notably United States v. Sangineto-Miranda (1988), State v. Badgett (1986)
81 federal appellate · 7 district · 55 state decisions — followed in 21 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 10 U.S.C. § 918 · 18 U.S.C. § 3501
Relies on Miranda v. State of Arizona Vignera · Wong Sun v. United States · Schneckloth v. Bustamonte · Edwards v. Arizona · United States v. Mendenhall
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 177 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) a reasonable probability that the evidence in question would have been discovered by lawful means but for the police misconduct, (2) that the leads making the discovery inevitable were possessed by the police at the time of the misconduct, and (3) that the police also prior to the misconduct were actively pursuing the alternative line of investigation.”
15 later decisions quote this exact passage · from the majority““[i]n certain circumstances ... such as when the hypothetical independent source comes into being only after the misconduct, the absence of a strong deterrent interest may warrant the application of the inevitable discovery exception without a showing of active pursuit by the government in order to ensure that the government is npt unjustifiably disadvantaged by the police misconduct.” 759 F.2d at 1206 .”
6 later decisions quote this exact passage · from the majority“"While suppression in such a case may put the prosecution in a worse position because of the police misconduct, a contrary result would cause the inevitable discovery exception to swallow the rule by allowing evidence otherwise tainted to be admitted merely because the police could have chosen to act differently and obtain the evidence by legal means. When the police forgo legal means of investigation simply in order to obtain evidence in violation of a suspect's constitutional rights, the need to deter is paramount and requires application of the exclusionary rule." United States v. Cherry, 759 F.2d at 1205 (emphasis added).”
4 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.