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← 28 Va. App. 187 - Timbers v. Commonwealth

28 Va. App. 187 - Timbers v. Commonwealth’s Empirical Analysis

1998

Citation profile

93
cited by 93 later decisions
3
states following
February 2019
most recently cited

93 state decisions

How this case has been cited

Cited by 93 later decisions — most recently February 2019 · most notably 37 Va. App. 73 - Rollins v. Commonwealth (2001), 28 Va. App. 655 - Sink v. Commonwealth (1998)

93 state decisions

560199820002010decided

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 · Chapman v. State of California · Ornelas v. United States · Rhode Island v. Innis · Burks v. United States

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

  1. “`the Innis standard . . . requir[es] a determination of whether an objective observer would view an officer's words or actions as designed to elicit an incriminating response,'”
    3 later decisions quote this exact passage
  2. “[T]he Miranda safeguards come into play whenever a person in custody is subjected to either express questioning or its functional equivalent. That is to say, the term "interrogation" under Miranda refers not only to express questioning, but also to any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect. The latter portion of this definition focuses primarily upon the perceptions of the suspect, rather than the intent of the police. This focus reflects the fact that the Miranda safeguards were designed to vest a suspect in custody with an added measure of protection against coercive police practices, without regard to objective proof of the underlying intent of the police. A practice that the police should know is reasonably likely to evoke an incriminating response from a suspect thus amounts to interrogation. But, since the police surely cannot be held accountable for the unforeseeable results of their words or actions, the definition of interrogation can extend only to words or actions on the part of police officers that they should have known were reasonably likely to elicit an incriminating response.”
    2 later decisions quote this exact passage
  3. “(1) a reasonable probability that the evidence in question would have been discovered by lawful means but for the police misconduct; (2) that the leads making the discovery inevitable were possessed by the police at the time of the misconduct, and (3) that the police also prior to the misconduct were actively pursuing the alternative line of investigation.”
    2 later decisions 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.