McKee v. Gratz (1922)

green · 195 citation events across 41 courts. Showing the 27 strongest citers on record (one row per citing case, strongest signal kept).

All Yellow 1 Green 26

Treatment trajectory · 1923 → 2026 · click a year to view the case as of then

192319742026

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yellow People v. Dunn (1993)

But See · N.Y. App. Term. · signal: but see

Although in the nature of ferae naturae (see, People v Morrison, 194 NY 175, 177 ), because of their sedentary nature, property rights in clams may obtain, and their taking may become the subject of petit larceny, provided the clams "are reclaimed from nature and transplanted to a bed where none grew naturally, and the bed is so marked out by stakes as to show they are in the possession of a private owner” (People v Morrison, supra, at 177 ; 59 NY Jur 2d, Fish and Wildlife, …

green French v. Merrill (2021)

Rule Authority · 1st Cir. · 2 citations in this opinion

Focusing on implicit consent, the Court recognized that a license to enter another's property may be implied "from the habits of the country." Id. (quoting McKee v. Gratz, 260 U.S. 127, 136 (1922)).

green United States v. Havins (2025)

Rule Authority · 9th Cir.

Instead, the officers saw the shell casings while conducting a knock and talk in a manner fully consistent with the “habits of the country.” Fla. v. Jardines, 569 U.S. 1, 8 (2013) (quoting McKee v. Gratz, 260 U.S. 127, 136 (1922)).

green Harson Chong v. United States (2024)

Rule Authority · 9th Cir.

Here, the Court explained that “[a] license may be implied from the habits of the country.” Id. at 8 (quoting McKee v. Gratz, 260 U.S. 127, 136 (1922)).

green United States v. Christopher Esqueda (2023)

Rule Authority · 9th Cir.

A license to enter private property, the Court reasoned, “can be implied from the habits of the country.” Id. at 8 (quoting McKee v. Gratz, 260 U.S. 127, 136 (1922)).

green United States v. Constancio Palomino-Chavez (2019)

Rule Authority · 7th Cir.

As the Supreme Court explained in Jardines: “A license may be implied from the habits of the country,” notwithstanding the “strict rule of the English common law as to entry upon a close.” McKee v. Gratz, 260 U.S. 127, 136 (1922) (Holmes, J.).

Holmes, J.

green United States v. Constancio Palomino-Chavez (2019)

Rule Authority · 7th Cir.

Holmes, J.

green Compania Transcontinental De Petroleo v. Mexican Gulf Oil Co. (1923)

Rule Authority · 2d Cir.

R. 1393, affirmed November 13, 1922 in 260 U. S. 127 , 43 Sup. Ct. 16, 67 L.

green People v. Frederick; People v. Van Doorne (2015)

Rule Authority · Mich. Ct. App. · 2 citations in this opinion

In Jardines , two police officers, acting on a tip that a home was being used to grow marijuana, approached the home on foot. 14 The officers were accompanied by a dog trained to detect the odor of specific controlled substances. 15 The dog detected the odor of one of these substances and alerted at the base of the home’s front door. 16 The officers then used this information to obtain a warrant to search the home. 17 Writing for the majority, Justice Scalia used a property-…

green Myers v. Town of Elkton, Maryland (2024)

Rule Authority · D. Maryland

The existence and scope of such a license “may be implied from the habits of the country.” Id. (quoting McKee v. Gratz, 260 U.S. 127, 136 (1922)).

green Osny Sorto-Vasquez Kidd v. Chad T. Wolf (2024)

Rule Authority · C.D. Cal.

“A license may be implied from the habits of the 10 country,” McKee v. Gratz, 260 U.S. 127, 136 (1922), and “the knocker on the front door 11 is treated as an invitation or license to attempt an entry, justifying ingress to the home 12 by solicitors, hawkers and peddlers for all kinds of salable articles,” Breard v. 13 Alexandria, 341 U.S. 622, 626 (1951).

green People v. Whitehead (2021)

Rule Authority · Ill. App. Ct.

She cited Florida v. Jardines, 569 U.S. 1, 8 (2013), for the following: “ ‘A license may be implied from the habits of the country,’ notwithstanding the ‘strict rule of the English common law as to entry upon a close.’ McKee v. Gratz, 260 U.S. 127, 136 (1922) (Holmes, J.).

Holmes, J.

green Chelsey Danielle Ingram, s/k/a chelsea Danielle Ingram v. Commonwealth of Virginia (2021)

Rule Authority · Va. Ct. App.

Florida v. Jardines, 569 U.S. 1, 8 (2013) (quoting McKee v. Gratz, 260 U.S. 127, 136 (1922)).

green FRENCH v. MERRILL (2020)

Rule Authority · D. Me.

The Court wrote: “A license may be implied from the habits of the country,” notwithstanding the “strict rule of the English common law as to entry upon a close.” McKee v. Gratz, 260 U.S. 127, 136 (1922) (Holmes, J.).

Holmes, J.

green v. Neckel (2019)

Rule Authority · Colo. Ct. App.

Courts have universally acknowledged, based on “the habits of the country,” McKee v. Gratz, 260 U.S. 127, 136 (1922), an “implicit license [that] typically permits the visitor to approach the home by the front path, knock promptly, wait briefly to be received, and then (absent invitation to linger longer) leave.” Florida v. Jardines, 569 U.S. 1, 8 (2013).

green State v. Bash (2017)

Rule Authority · S.C.

Thus, a police officer not armed with a warrant may approach a home and knock, precisely because that is “no more than any private citizen might do.” 569 U.S. at -, 133 S.Ct. at 1415-16 , 185 L.Ed.2d at 502 (footnote omitted) (first quoting McKee v. Gratz, 260 U.S. 127, 136 , 43 S.Ct. 16, 17 , 67 L.Ed. 167, 170 (1922); then quoting Breard v. Alexandria, 341 U.S. 622, 626 , 71 S.Ct. 920, 924 , 95 L.Ed. 1233, 1239 (1951); and then quoting Kentucky v. King, 563 U.S. 452, 469 , …

green State v. Bash (2016)

Rule Authority · S.C.

Ed. 2d at 502 (footnote omitted) (first quoting McKee v. Gratz, 260 U.S. 127, 136 , 43 S. Ct. 16, 17 , 67 L.

green State v. Bash (2016)

Rule Authority · S.C.

Ed. 2d at 502 (footnote omitted) (first quoting McKee v. Gratz, 260 U.S. 127, 136 , 43 S. Ct. 16, 17 , 67 L.

green People of Michigan v. Todd Randolph Van Doorne (2015)

Rule Authority · Mich. Ct. App.

There is no customary invitation to that.”). 25 Id. 26 Id. at 1417-1418. 27 See, e.g., United States v Walker, 799 F3d 1361 (CA 11, 2015); Covey v Assessor of Ohio County, 777 F3d 186 (CA 4, 2015); United States v Lundin, 47 F Supp 3d 1003 (ND Cal, 2014); JK v State, 8 NE3d 222 (Ind Ct App, 2014). 28 Jardines, 133 S Ct at 1415 , quoting McKee, 260 US at 136 (HOLMES, J.). 29 Id. at 1415. 30 Id. 31 Id. at 1415 n 1. -6- stepped foot on a protected area, they were accompanied by…

HOLMES, J.

green Wolford v. Lopez (2026)

Cited · SCOTUS · signal: see

See McKee v. Gratz, 260 U. S. 127, 136 (1922) (explaining that it was then “customary to wan- der, shoot and fish at will” across “the large expanses of un- enclosed and uncultivated land” “until the owner s[aw] fit to prohibit it”).

explaining that it was then “customary to wan- der, shoot and fish at will” across “the large expanses of un- enclosed and uncultivated land” “until the owner s[aw] fit to prohibit it”

green Carpenter v. United States (2018)

Cited (see also) · SCOTUS · signal: see, e.g.

See, e.g., Florida v. Jardines, 569 U. S. 1, 8 (2013) (inferring a license to enter on private property from the “ ‘habits of the country’ ” (quoting McKee v. Gratz, 260 U. S. 127, 136 (1922))); Sachs, Finding Law, 107 Cal. L.

green Carpenter v. United States (2018)

Cited (see also) · SCOTUS · signal: see, e.g.

green People of the State of California v. H & H Ship Service Company, a California Corporation, Dba H & H Environm… (1995)

Cited · 9th Cir. · signal: see

See McKee v. Gratz, 260 U.S. 127 (1922).

green MacHleder v. Diaz (1982)

Cited · S.D.N.Y. · signal: see · 3 citations in this opinion

See McKee v. Gratz, 260 U.S. 127 , 43 S.Ct. 16 , 67 L.Ed. 167 (1922).

green Local Trademarks, Inc. v. Rogers (1947)

Cited · N.D. Ala. · signal: see · 3 citations in this opinion

See McKee v. Gratz, 1922, 260 U.S. 127 , 43 S.Ct. 16 , 67 L.Ed. 167 .

green United States v. Gorham (2024)

Cited (see also) · D.D.C. · signal: see also

Rep. 807 (C.P. 1765); see also Jardines, 569 U.S. at 8 , citing McKee v. Gratz, 260 U.S. 127, 136 (1922).

green State of Tennessee v. Dana Baker (2022)

Cited · Tenn. Crim. App. · signal: see

See Jardines, 569 U.S. at 8 (“‘A license may be implied from the habits of the country,’ notwithstanding the ‘strict rule of -5- the English common law as to entry upon a close.’” quoting McKee v. Gratz, 260 U.S. 127, 136 (1922) (Holmes, J.)); see also State v. Eddie Leroy Rowlett, No. M2011-00485-CCA- R3-CD, 2013 WL 749502 , at *11 (Tenn. Crim.