Commonwealth v. Harmond’s Empirical Analysis
1978
Citation profile
47 state decisions
How this case has been cited
Cited by 47 later decisions — most recently February 2018 · most notably Commonwealth v. Moon (1980), Commonwealth v. Meehan (1979)
47 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 Miranda v. State of Arizona Vignera · Schneckloth v. Bustamonte · Bumper v. North Carolina · United States v. Watson · Castor 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““When the Commonwealth relies on consent as the basis for a warrantless search, it must demonstrate ‘consent unfettered by coercion, express or implied, . . . [which is] something more than mere “acquiescence to a claim of lawful authority” [citation omitted].’ Commonwealth v. Walker, 370 Mass. 548, 555 , cert. denied, 429 U.S. 943 (1976). See Bumper v. North Carolina, 391 U.S. 543, 548-549 (1968); Commonwealth v. Antobenedetto, 366 Mass. 51, 57 (1974). Voluntariness of consent ‘is a question of fact to be determined in the circumstances of each case . . . . ’ Commonwealth v. Aguiar, 370 Mass. 490, 496 (1976). The neglect or failure of the police to explain the right of the defendant to refuse to consent to a search is a factor suggesting coercion, but it is not conclusive. Commonwealth v. Walker, supra. Schneckloth v. Bustamonte, 412 U.S. 218, 248-249 (1973). This is true even when a suspect is in custody when asked for permission to search. Commonwealth v. LaBriola, 370 Mass. 366, 367 (1976): United States v. Watson, 423 U.S. 411, 424-425 (1976).””
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.