142 Md. App. 219 - Bond v. State’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We must determine, from an objective standpoint, and keeping in mind the underlying purpose of the Miranda decision, whether there was a coercive aspect to the circumstances in which [Bond] was questioned, so as to constitute custodial interrogation. We conclude that the factors relevant to this analysis point strongly in favor of [Bond’s] being in custody when he was questioned by [the officer] in the bedroom of his trailer home. The interrogation ... took place late at night in [Bond’s] bedroom, with [Bond] in bed and partially clothed. To be sure, the questioning did not occur in the potentially coercive atmosphere of a police station, or of a strange and unfamiliar location. It ran to the other extreme, however. Whether [Bond] was awake or asleep when the officers entered his bedroom, the highly private location of the interrogation, the late hour, [Bond’s] state of undress, the number of officers present, and the accusatory nature of the questioning were such that an ordinary person in the circumstances would be intimidated, and would not think he could end the encounter merely by telling the officers to leave. The interrogation ... was the polar opposite of the questioning that accompanies a traffic stop, which is expected, takes place in a public or semipublic place, and is mutually understood to be brief. The ordinary person does not expect his friends or neighbors, let alone police officers, to appear in his bedroom late at night. There is a world of difference betwe”

   1 later decision quote this exact passage
   e.g. 181 Md. App. 585 - Lan Buck v. State

2. ““In determining whether an individual was in custody [when he was questioned], a court must examine all of the circumstances surrounding the interrogation, but ‘the ultimate inquiry is simply whether there [was] a “formal arrest or restraint of freedom of movement” of the degree associated with a formal arrest.’ ” Stansbury v. California, 511 U.S. 318, 322 , 114 S.Ct. 1526 , 128 L.Ed.2d 293 (1994) (quoting California v. Beheler, 463 U.S. 1121, 1125 , 103 S.Ct. 3517 , 77 L.Ed.2d 1275 (1983) (quoting Oregon v. Mathiason, 429 U.S. 492, 495 , 97 S.Ct. 711 , 50 L.Ed.2d 714 (1977))). Accordingly, the issue of custody is to be decided under an objective standard, i.e., “how a reasonable man in the suspect’s position would have understood his situation.” Berkemer v. McCarty, 468 U.S. 420, 442 , 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984). Furthermore, the decision whether the accused was in custody “depends on the objective circumstances of the interrogation, not on the subjective views harbored by either the interrogating officers or the person being questioned.” Stansbury v. California, supra, at 323, 114 S.Ct. 1526 .”

   1 later decision quote this exact passage
   e.g. 168 Md. App. 714 - Griner v. State

3. “[Wjhen and where it occurred, how long it lasted, how many police were present, what the officers and the defendant said and did, the presence of actual physical restraint on the defendant or things equivalent to actual restraint such as drawn weapons or a guard stationed at the door, and whether the defendant was being questioned as a suspect or as a witness. Facts pertaining to events before the interrogation are also relevant, especially how the defendant got to the place of questioning];,] whether he came completely on his own, in response to a police request or escorted by police officers. Finally, what happened after the interrogation!;,] whether the defendant left freely, was detained or arrested may assist the court in determining whether the defendant, as a reasonable person, would have felt free to break off the questioning.”

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