State v. Gross’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the context of an arrest for driving while intoxicated, a police inquiry of whether the suspect will take a blood-alcohol test is not an interrogation within the meaning of Miranda . As we stated in Rhode Island v. Innis, 446 U.S. 291, 301 , 100 S.Ct. 1682, 1689 , 64 L.Ed.2d 297 (1980), police words or actions ‘normally attendant to arrest and custody’ do not constitute interrogation. The police inquiry here is highly regulated by state law, and is presented in virtually the same words to all suspects. It is similar to a police request to submit to fingerprinting or photography. Respondent’s choice of refusal thus enjoys no prophylactic Miranda protection outside the basic Fifth Amendment protection.”

   1 later decision quote this exact passage
   e.g. Butler v. Commissioner of Public Safety

2. “Even if it is true, as we held in Andrews, that a refusal to test gives rise to an inference of guilt, it does not follow logically that police must give a person a Miranda warning before advising the person of the provisions of the implied consent law.”

   1 later decision quote this exact passage
   e.g. State v. Berge

3. “a scientifically valid procedure is not known to be available for the reexamination of a Breathalyzer ampoule that has been used in the breath test ... in order to confirm the accuracy and reliability of the original breath analysis.”

   1 later decision quote this exact passage
   e.g. Bielejeski v. Commissioner of Public Safety