State v. Vasquez’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Custody is determined objectively, not from the subjective perception of any of the members to the interview.” State v. Nieto, 2000-NMSC-031 , ¶ 20, 129 N.M. 688 , 12 P.3d 442 . A court therefore applies an objective test to resolve whether there was “a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest.” Wilson, 2007-NMCA-111, ¶ 14 [ 142 N.M. 737 , 169 P.3d 1184 ]____Because the test is objective, the inquiry is how a reasonable person who is being interviewed by police would have understood his or her situation. Id. This Court has identified a number of factors to consider in determining whether a reasonable person would believe he or she is free to leave “including] the purpose, place, and length of interrogation,] ... the extent to which the defendant is confronted with evidence of guilt, the physical surroundings of the interrogation, the duration of the detention, and the degree of pressure applied to the defendant.” [State v.] Bravo, 2006-NMCA-019, ¶ 9 , 139 N.M. 93 , 128 P.3d 1070 (internal quotation marks and citation omitted).”

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