216 So. 2d 425 - Poole v. State’s Empirical Analysis
1968
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently October 1999
14 state decisions
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 Wong Sun v. United States · United States v. Wade · Simmons v. United States · Stovall v. Denno · Gilbert v. California
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A per se exclusionary rule was not applied in Wade , Stovall or Gilbert, supra, to all in court identifications which occurred after illegal confrontations. The "independent source" doctrine formulated by Justice Holmes was recognized by Wade as being available to re-establish the validity of the offered evidence. "Of course this does not mean that the facts thus obtained [illegally] become sacred and inaccessible. If knowledge of them is gained from an independent source they may be proved like any others, * * *." Silverthorne Lumber Co. v. United States, 251 U.S. 385 , 40 S.Ct. 182 , 64 L.Ed. 319 (1920). The Supreme Court in Wade quotes with approval the test formulated in Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963) to be used in determining the application of the independent source doctrine. Rather, the more apt question in such a case is "whether, granting establishment of the primary illegality, the evidence to which instant objection is made has been come at by exploitation of that illegality or instead by means sufficiently distinguishable to be purged of the primary taint." Maguire, Evidence of Guilt, 221 (1959). 371 U.S. at 488 , 83 S.Ct. at 417 . This test is also translated by Wade into language applicable to the identification problem. [T]o establish by clear and convincing evidence that the in court identifications were based upon observations of the suspect other than the line up identification. 388 U.S. at 240, 87 S.Ct. at 1939”
2 later decisions quote this exact passage“establish by clear and convincing evidence that the in court identifications were based upon observations of the suspect other than the line up identification.”
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.