112 So. 3d 57 - Deviney v. State’s Empirical Analysis
2013
Citation profile
19
cited by 19 later decisions
2
states following
May 2019
most recently cited
19 state decisions
Relationships
Relies on Miranda v. State of Arizona Vignera · Wong Sun v. United States · Schneckloth v. Bustamonte · Ring v. Arizona · Malloy v. Hogan
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he detectives responded by informing him that he was no longer free to leave because they were now formally taking him into custody and legally detaining him for the murder.... The detectives subsequently frisked Deviney, after which he stood and, more vehemently, attempted to end questioning by leaving the interview room. The detectives, however, blocked his exit and, with the threat of physical restraint, compelled him to sit down and remain in his seat. The detectives did not re-administer Miranda warnings, nor did they cease questioning. Instead, the interrogation continued and, upon repeated questioning, Deviney confessed to [the] murder to both the police and his mother.”
1 later decision quote this exact passage · from the majority“the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons' in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves. We have concluded that without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual’s will to resist and to compel him to speak where he would not otherwise do so freely.”
1 later decision quote this exact passage · from the majority“Police fail to scrupulously honor a defendant’s invocation of the right to remain silent, and therefore violate that right, when, in the face of the invocation of that right, the police persistently and repeatedly engage in efforts to wear down a suspect’s resistance and make the suspect change his or her mind.”
1 later decision 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.