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← 28 Cal. 4th 1007 - People v. Storm

28 Cal. 4th 1007 - People v. Storm’s Empirical Analysis

2002

Citation profile

69
cited by 69 later decisions
4
cited 4 times by the Supreme Court
5
states following
January 2022
most recently cited

65 state decisions

How this case has been cited

Cited by 69 later decisions (4 by the Supreme Court) — most recently January 2022 · most notably Maryland v. Shatzer (2010), 49 Cal. 4th 405 - People v. Williams (2010)

65 state decisions

380200220102020decided

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 · Wong Sun v. United States · Edwards v. Arizona · Brown v. Illinois · Colorado v. Connelly

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

  1. “On the other hand, the Fifth Amendment, at bottom, protects against compelled testimonial self-incrimination. Miranda and its progeny are designed to allow full understanding and exercise of this constitutional right in the inherently custodial atmosphere of police custody. However, '[t]he failure of police to administer Miranda warnings does not mean that the statements received have actually been coerced, but only that courts will presume the privilege against compulsory self-incrimination has not been intelligently exercised. [Citations.]' [Citation.] Thus, such statements must be excluded even if they were ' otherwise voluntary within the meaning of the Fifth Amendment.' [Citation.] [¶] But it does not follow that the fruits of such an 'otherwise voluntary' statement are invariably tainted and inadmissible. ... '[N]either the general goal of deterring improper police conduct nor the Fifth Amendment goal of assuring trustworthy evidence' would be served by suppressing the testimony of a witness whose identity was discovered as the result of a suspect's statement in custody which, though elicited without Miranda warnings, was otherwise uncoerced.”
    1 later decision quote this exact passage
  2. “"Once released, the suspect is no longer under the `inherently compelling pressures' of continuous custody where there is a reasonable possibility of wearing the suspect down by badgering police tactics to the point the suspect would waive the previously invoked right to counsel. A break in custody between the first and second interrogations also provides the suspect the opportunity to speak with an attorney, family member or any person the suspect cares to consult without police constraints." We therefore adopt the premise that "a ... break in custody where the defendant has a reasonable opportunity to contact his attorney [while free of custodial pressures] dissolves an Edwards ... claim.'" [ People v. Storm, supra, 124 Cal.Rptr. 2d at 122 , 52 P. 3d 52 (quoting from In re Bonnie H., 56 Cal.App. 4th 563 , 65 Cal. Rptr. 2d 513, 525-26 (1997)) (internal citations and footnote omitted).]”
    1 later decision quote this exact passage
  3. “[T]he exclusionary rule serves different purposes under the Fourth and Fifth Amendments. Exclusion of statements or evidence obtained as the fruits of an unreasonable search or seizure prohibited by the Fourth Amendment is necessary to deter direct violations of that constitutional guarantee.”
    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.