183 Ill. App. 3d 99 - People v. Kerner’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Only statements made in the course of a custodial interrogation or where an individual’s freedom has otherwise been significantly restrained must be preceded by Miranda warnings. [Citations.] The test for determining whether custody exists is not the presence or absence of probable cause [citation], or whether the person questioned is one whom the police suspect [citation]. Rather, in determining whether the statement was made in a custodial setting, the court must look to the entire set of circumstances surrounding the questioning, with no single factor controlling, and then objectively evaluate whether a reasonable innocent man would believe he was free to leave. [Citations.] Relevant factors include the place of interrogation, any statements or nonverbal conduct indicating the accused is not free to leave, the extent of the knowledge of the police officers and the focus of their investigation, and the intentions of the [police] officers. [Citations.] The court should also look to the time, length, mood and mode of the interrogation, the number of police officers present and the presence or absence of friends or family of the accused, the manner in which the person questioned got to the place of interrogation, whether he was allowed to walk within and from the location of the interrogation unaccompanied by police, and age, intelligence, and mental makeup of the accused. [Citations.] A reviewing court will not disturb the trial court’s determination of a motion to suppress ”

   1 later decision quote this exact passage · from the majority
   e.g. People v. Fields

2. ““In [Miranda], the Supreme Court held that a prosecutor may not use an exculpatory or inculpatory statement arising from a custodial interrogation of a defendant unless the prosecutor can demonstrate the use of procedural safeguards effective to secure the defendant’s privilege against incriminating himself. The Miranda decision requires the agent of the prosecution to warn the defendant prior to questioning that: (1) he has the right to remain silent; (2) anything he says can be used against him in a court of law; (3) he has the right to have an attorney present; and (4) if he cannot afford an attorney, one will be appointed for him prior to questioning if he so desires. [Citation.]””

   1 later decision quote this exact passage · from the majority
   e.g. People v. Fields

3. “prepared, subsequent to taking the defendant's statement, to assist the police and the State's Attorney in their prosecution of the defendant.”

   1 later decision quote this exact passage · from the majority
   e.g. 262 Ill. App. 3d 302 - In Re EM