Case Citator › Brinegar v. United States

Brinegar v. United States

Is it still good law? What later courts have actually done to this case.

Good law
Court
Supreme Court of the United States
Citation
338 U.S. 160
Decided
Confirmed treatments
0
Flagged citations read
86 of 86
Citing cases (total)
6,011

Status

Good law
Every flagged citation to this case has been read, and none of them overrules, limits, or questions it. Brinegar v. United States remains good law: all 86 flagged citations have been read, and no adverse treatment was confirmed. The other citing opinions applied Brinegar's practical probable-cause standard, quoted it positively, reported adverse treatment of other authorities, or used nearby treatment language for unrelated issues and dispositions.
More on how this was screened

Irvine v. California included Brinegar in a list of search cases while criticizing the Court's changing doctrine generally; it did not criticize Brinegar itself.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

6,011 later cases cite Brinegar v. United States; 86 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Brinegar v. United States?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

No reviewed court has overruled or limited this case.

Every one of the 86 flagged citations was read, and each turned out to be something other than adverse treatment: a routine application, a party's argument the court rejected, or the case itself discussing older law. That reading is the finding this page exists to report.

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