United States v. Nocella’s Empirical Analysis
849 F.2d 33 · 1988
Citation profile
39 federal appellate · 8 district · 8 state decisions
How this case has been cited
Cited by 63 later decisions — most recently August 2024 · most notably United States v. Terzado-Madruga (1990), United States v. Garcia (1993)
39 federal appellate · 8 district · 8 state decisions
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. § 1512 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Illinois v. Gates · Massiah v. United States · Moran v. Burbine · Brewer v. Williams · Maine v. Moulton
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“By its very nature, drug trafficking, if unchecked, is apt to persist over relatively long periods of time.”
4 later decisions quote this exact passage · from the majority““The cause necessary to make a thing ‘probable’ is determined under an objective standard. Therefore, an affidavit is sufficient when it ‘demonstrates in some trustworthy fashion the likelihood that an offense has been committed and that there is sound reason to believe that a particular search will turn up evidence of it.’ Probability is the touchstone.... [T]here is no hard-core checklist of independent factors, mechanistically to be applied. All of the relevant data should be used instead to illuminate ‘the common sense, practical question whether there is ‘probable cause’ to believe that the contraband or evidence is located in a particular place.’ ” United States v. Nocella, 849 F.2d 33, 39 (1st Cir.1988) (citations omitted).”
3 later decisions quote this exact passage · from the majority“Illinois v. Gates, 462 U.S. 213 , 230, 103 S.Ct. 2317, 2328, 76 L.Ed.2d 527 (1983), and examine, inter alia, the veracity and reliability of any informants, and the basis of their knowledge. See, e.g., United States v. Bucuvalas, 970 F.2d 937 , 940 (1st Cir.1992); Nocella, 849 F.2d at 39; Figueroa, 818 F.2d at 1024; United States v. Ciampa, 793 F.2d 19 , 22 (1st Cir.1986). The affidavit must be”
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.