United States v. Risse’s Empirical Analysis
83 F.3d 212 · 1996
Citation profile
44 federal appellate · 8 district · 26 state decisions
How this case has been cited
Cited by 93 later decisions — most recently January 2023 · most notably United States v. Bervaldi (2000), Hart v. O'Brien (1997)
44 federal appellate · 8 district · 26 state decisions — followed in 20 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. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924
Relies on Payton v. New York · Rakas v. Illinois · United States v. Matlock · Illinois v. Rodriguez · Soberon 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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'reasonable belief that the suspect resides at the place to be entered ... and [have] reason to believe that the suspect is present'”
4 later decisions quote this exact passage · from the majority“'reasonable belief that the suspect resides at the place to be entered ... and [have] reason to believe that the suspect is present' " at the time the warrant is executed. United States v. Risse, 83 F.3d 212 , 216 (8th Cir.1996) (quoting United States v. Lauter, 57 F.3d 212 , 215 (2d Cir.1995); see also United States v. Magluta, 44 F.3d 1530 , 1535 (11th Cir.) (same), cert. denied, 116 S.Ct. 189 (1995). "[T]he officers' assessment need not in fact be correct; rather, they need only 'reasonably believe' that the suspect resides at the dwelling to be searched and is currently present at the dwelling.”
2 later decisions quote this exact passage · from the majority“can certainly be considered . . . `home' for Fourth Amendment purposes, even if the premises are owned by a third party and others are living there, and even if [the suspect] concurrently maintains a residence elsewhere as well.”
2 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.