140 So. 3d 398 - State v. Hankton’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Fourth Amendment to the United States Constitution and Article I, [§ ] 5 of the Louisiana Constitution protect persons against unreasonable searches and seizures. A .defendant adversely affected may move to suppress any statement from use at the trial on the merits on the ground that it was unconstitutionally obtained. La. C.Cr.P. art. 703 A. A trial court’s ruling on a motion to suppress the evidence is entitled to great weight, considering the district court’s opportunity to observe the witnesses and weigh the credibility of their testimony. State v. Robinson, 09-1269, p. 6 (La.App. 4 Cir. 5/12/10), 38 So.3d 1138, 1141 , citing State v. Mims, 98-2572, p. 3 (La.App. 4 Cir. 9/22/99), 752 So.2d 192, 193-94 . The obligation to provide Miranda warnings attaches only when a person is questioned by law enforcement after he has been taken “into custody or otherwise deprived of his freedom of action in any significant way.” Miranda[ v. Arizona], supra, 384 U.S. [436] at 444, 86 S.Ct. [1602] at 1612[, 16 L.Ed.2d 694 (1966) ]. Custody is decided by two distinct inquiries: an objective assessment of the circumstances surrounding the interrogation to determine whether there is a formal arrest; and, second, an evaluation of how a reasonable person in the position of the interviewee would gauge the breadth of his freedom of action. Stansbury v. California, 511 U.S. 318, 322 , 114 S.Ct. 1526, 1529 , 128 L.Ed.2d 293 (1994), (citing California v. Beheler, 463 U.S. 1121, 1125 , 103 S.Ct. ”

   1 later decision quote this exact passage
   e.g. State v. Kinard

2. “The obligation to provide Miranda warnings attaches only when a person is questioned by law enforcement after he has been taken “into custody or otherwise deprived of his freedom of action in any significant way.” Miranda, supra, 384 U.S. at 444, 86 S.Ct. at 1612 (1966). Custody is decided by two distinct inquiries: an objective assessment of the circumstances surrounding the interrogation to determine whether there is a formal arrest or restraint on freedom of the degree associated with formal arrest; and, second, an evaluation of how a reasonable person in the position of the interviewee would gauge the breadth of his freedom of action. Stansbury v. California, 511 U.S. 318, 322 , 114 S.Ct. 1526, 1529 , 128 L.Ed.2d 293 (1994), (citing California v. Beheler, 463 U.S. 1121, 1125 , 103 S.Ct. 3517, 3520 , 77 L.Ed.2d 1275 (1983) (per curiam)); State v. Manning, 03-1982, p. 24 (La.10/19/04), 885 So.2d 1044, 1074 (citations omitted).”

   1 later decision quote this exact passage
   e.g. State ex rel. J.D.

3. “When a ruling on a motion to suppress a confession or statement is adverse to the defendant, the [S]tate shall be required, prior to presenting the confession or statement to the jury, to introduce evidence concerning the circumstances surrounding the making of the confession or statement for the purpose of enabling the jury to determine the weight to be given the confession or statement. Likewise, the testimony of the interviewing police officer alone may be sufficient to prove that a defendant’s statement was given freely and voluntarily. La. C.Cr.P. art. 703.”

   1 later decision quote this exact passage · from the majority
   e.g. 171 So. 3d 1082 - State v. Woodberry