Case Citator › United States v. McCane

United States v. McCane

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

Declined by some courts
Court
Tenth Circuit
Citation
573 F.3d 1037
Decided
Confirmed treatments
1
Flagged citations read
50 of 50
Citing cases (total)
50
Treatment dates
2010
Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. United States v. McCane's good faith ruling was rejected by the Colorado Supreme Court in 2010, but the U.S. Supreme Court later adopted that rule. All 50 flagged citations have been read.
More on how this was screened

The Colorado court declined to apply McCane's federal Fourth Amendment rule to a vehicle search made in reliance on earlier appellate precedent. In 2011, Davis v. United States held that objectively reasonable reliance on binding appellate precedent prevents exclusion, and a later Colorado court described Davis as effectively overruling the Colorado decision. Later Tenth Circuit opinions continue to apply McCane's separate holding on the felon-in-possession statute.

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.

50 later cases cite United States v. McCane; 50 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 United States v. McCane?

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.

Treatments

Declined to follow

  • The Colorado Supreme Court refused to extend the federal good faith exception to searches made in reliance on prior appellate decisions, expressly disagreeing with McCane's contrary approach.

    People v. McCarty · Supreme Court of Colorado · filed

    it is difficult to conceive that the same lack of deterrent value in enforcing the rule against officers acting in good-faith reliance upon a lower court misinterpretation of Supreme Court precedent could justify that result. Id. But see United States v. Davis, 598 F.3d 1259, 1263-68 (11th Cir.2010) (concluding otherwise); United States v. McCane, 573 F.3d 1037, 1041-45 (10th Cir.2009) (same); People v. Key, No. 07CA1257, - P.3d -, -, 2010 WL 961646, at *2 (Colo.App. Mar 18, 2010) (same). ... Under these cireumstances, we are relue-tant to expand the good-faith exception to the Supreme Court's exclusionary rule beyond the limits set by that Court itself.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

Describe your facts. Ezel reads United States v. McCane and the cases that treated it, then tells you whether it still holds for your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace