179 Or. App. 498 - State v. Cunningham’s Empirical Analysis
2002
Citation profile
10
cited by 10 later decisions
2
states following
January 2019
most recently cited
10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Because [the officer's] question served a noncriminal, noninvestigatory purpose, it fell squarely within the class of questions that are normally attendant to arrest and custody, at least so long as it was not 'designed to elicit an incriminatory response.' " 179 Or. App. at 505 , 40 P.3d 535 (quoting Muniz , 496 U.S. at 602 n 14, 110 S.Ct. 2638 ). However, we also reiterated that "the exception for questions normally attendant to arrest and custody may include questions that are reasonably likely to elicit an incriminating response, [but Muniz ] was careful to explain that the exception did not give officers carte blanche .”
2 later decisions quote this exact passage“normally attendant to arrest and custody”
2 later decisions quote this exact passage“"at odds with the Court's reasoning in Innis . If defendant were correct, questions that are normally attendant to arrest and custody would never constitute interrogation, as Innis defined that term, because they would never be reasonably likely to elicit an incriminating response. If that were true, there would have been no reason for the Court to identify questions "normally attendant to arrest and custody" as an exception to its definition of interrogation. Rather, it would have been sufficient for the Court to say simply that interrogation consists of questions, words, and actions reasonably likely to elicit an incriminating response without also identifying an exception for questions normally attendant to arrest and custody. Conversely, by expressly excepting questions normally attendant to arrest and custody from its definition of interrogation, the Court implied that some questions normally attendant to arrest and custody may also be reasonably likely to elicit incriminating information."”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.