State v. McCarty’s Empirical Analysis
1967
Citation profile
8 federal appellate · 2 district · 53 state decisions
How this case has been cited
Cited by 66 later decisions (2 by the Supreme Court) — most recently July 2009 · most notably Schneckloth v. Bustamonte (1973), State v. McKnight (1968)
8 federal appellate · 2 district · 53 state decisions — followed in 14 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Miranda v. State of Arizona Vignera · Johnson v. State of New Jersey · Hoffa v. United States · Delli Paoli v. United States · California v. Curry
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is our opinion, however, that the defendant’s argument is unsound and must be rejected. Miranda deals only with the compulsory self-incrimination barred by the Fifth Amendment, not with the unreasonable search and seizure proscribed by the Fourth Amendment. There is an obvious distinction between the purposes to be served by these two historic sections of the Bill of Rights. The Fifth Amendment prohibits the odious practice of compelling a man to convict himself; the Fourth guards the sanctity of his home and possessions as those terms have been judicially interpreted. An indispensable element of compulsory self-incrimination is some degree of compulsion. The essential component of an unreasonable search and seizure is some sort of unreasonableness. No responsible court has yet said, to our knowledge, that before a valid voluntary consent to a search can be given, the person consenting must first be warned that whatever is discovered through the search may be used as evidence against him. We decline to be the first judicial body to espouse so dubious a theory.”
2 later decisions quote this exact passage · from the majority“. . [W]here two or more defendants are jointly tried for the same offense, a declaration made by one may be admitted in evidence as against the maker, provided the court, by proper instructions, limits the application of such statement and makes clear to the jury that a statement made by one defendant may be considered against him only and not against a co-defendant. . . .” (State v. McCarty, 199 Kan. 116, 120 , 427 P.2d 616 [1967], cert. den. as to McCarty, cert. granted as to Boyd, 392 U.S. 308 , 20 L.Ed.2d 1115 , 88 S.Ct. 2065 [1968], Emphasis supplied.)”
1 later decision quote this exact passage · from the majority
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.