United States v. Recalde’s Empirical Analysis
761 F.2d 1448 · 1985
Citation profile
128 federal appellate · 26 district · 44 state decisions
How this case has been cited
Cited by 219 later decisions — most recently June 2013 · most notably United States v. Guzman (1988), United States v. Sandoval (1994)
128 federal appellate · 26 district · 44 state decisions — followed in 17 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 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Terry v. Ohio · Wong Sun v. United States · Schneckloth v. Bustamonte · Carroll v. United States · Mapp v. 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 219 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, there must be clear and positive testimony that the consent was unequivocal and specific, and freely and intelligently given. Second, the Government must establish that consent was given without duress or coercion. Finally, we evaluate the first two standards with the traditional indulgence of the courts against a presumption of waiver of constitutional rights.”
11 later decisions quote this exact passage · from the majority“a defendant's consent may, under certain circumstances, remove the taint of an illegal detention.”
9 later decisions quote this exact passage · from the majority“Whether consent is in fact voluntary, or is the product of duress or coercion, express or implied, is a question of fact to be determined from the totality of all the circumstances. The Government has the burden of proving that consent was given freely and voluntarily.”
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.