383 So. 2d 1236 - State v. Bennett’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Satisfying the Fifth Amendment voluntariness grounds is only the "threshold" condition of Fourth Amendment analysis required by Brown. Dunaway v. New York, 99 S.Ct. at 2260 . In Brown, supra, the Supreme Court held that the taint of a confession resulting from an illegal arrest was not purged by Miranda warnings given defendant prior to his arrest. The court stated: Thus, even if the statements in this case were found to be voluntary under the Fifth Amendment, the Fourth Amendment issue remains. In order for the causal chain, between the illegal arrest and the statements made subsequent thereto, to be broken, Wong Sun v. U.S. requires not merely that the statement meet the Fifth Amendment standard of voluntariness but that it be "sufficiently an act of free will to purge the primary taint." 371 U.S. 471 at 486 , 83 S.Ct. 407 at 416 , 9 L.Ed.2d 441 [(1963)]. Brown, 95 S.Ct. at 2261 . 383 So.2d 1241 -42.”

   1 later decision quote this exact passage · from the dissent
   e.g. 468 So. 2d 617 - State v. Taylor