131 N.C. App. 427 - State v. Hall’s Empirical Analysis

Citation profile

22 state decisions

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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the reviewing court may rely upon neither the subjective intent of the police to restrain him nor the subjective belief of the defendant as to what the police would do if he attempted to leave. Instead, the reviewing court must determine whether the suspect was in custody based upon an objective test of whether a reasonable person in the suspect's position would believe that he had been taken into custody or otherwise deprived of his freedom of action in any significant way or, to the contrary, would believe that he was free to go at will.”

   2 later decisions quote this exact passage · from the majority
   e.g. 242 N.C. App. 252 - State v. Davis · 153 N.C. App. 358 - State v. Jones

2. “an objective test, based upon a reasonable person standard, and is `to be applied on a case-by-case basis considering all the facts and circumstances.'”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re JDB · 205 N.C. App. 155 - In Re Li

3. “[t]he absence of such a finding . . . does not prevent [an appellate court] from examining the record and determining whether [the] defendant was in custody.”

   1 later decision quote this exact passage
   e.g. 205 N.C. App. 155 - In Re Li