Berghuis v. Thompkins’s Empirical Analysis

Citation profile

99 federal appellate · 22 district · 218 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 478 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, the relinquishment of the right must have been voluntary in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception. Second, the waiver must have been made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it. Only if the totality of the circumstances surrounding the interrogation reveal both an uncoerced choice and the requisite level of comprehension may a court properly conclude that the Miranda rights have been waived.”

   19 later decisions quote this exact passage · from the majority
   e.g. Davis v. Workman · United States v. Terry

2. “there is no principled reason to adopt different standards for determining when an accused has invoked the Miranda right to remain silent and the Miranda right to counsel at issue in Davis .”

   9 later decisions quote this exact passage · from the majority
   e.g. Jones v. Harrington · Commonwealth, Aplt. v. Lukach, J.

3. “Thompkins did not say that he wanted to remain silent or that he did not want to talk with the police. Had he made either of these simple, unambiguous statements, he would have invoked his right to cut off questioning. Here he did neither, so he did not invoke his right to remain silent.”

   8 later decisions quote this exact passage · from the majority
   e.g. McBride v. Superintendent, Sci Houtzdale · United States v. O'Brien