393 Ill. App. 3d 185 - People v. Vasquez’s Empirical Analysis

Citation profile

29 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Other things being equal, a suspect questioned in familiar (or at least neutral) surroundings does not face the same pressures as one questioned in a police-dominated atmosphere. See 2 W. LaFave, J. Israel, N. King & O. Kerr, Criminal Procedure § 6.6(e), at 738-39 (3d ed.2007). Therefore, questioning at the police station is more likely to be custodial than questioning at the suspect's home. A hospital is a more neutral setting than either the police station or the defendant's home. On the one hand, a hospital room is not as familiar to the interviewee as his or her home. Significantly, however, a hospital room does not produce the aura of police authority that a police department interview room does. Notably, of seven decisions we have found where Illinois courts have considered whether questioning hospital patients violated Miranda [citations], in all but one—[a case that was readily distinguishable]—the courts concluded that the defendants were not in custody." (Emphasis in original.) Id.”

   2 later decisions quote this exact passage · from the majority
   e.g. People v. Beck · 353 Ill. Dec. 893 - People v. Beltran

2. “(1) the location, time, length, mood, and mode of the questioning; (2) the number of police officers present during the interrogation; (3) the presence or absence of family and friends of the individual; (4) any indicia of a formal arrest procedure, such as the show of weapons or force, physical restraint, booking or 15 fingerprinting; (5) the manner by which the individual arrived at the place of questioning; and (6) the age, intelligence, and mental makeup of the accused.”

   1 later decision quote this exact passage · from the majority
   e.g. 2016 IL App (3d) 140833 - People v. Gempel

3. “did not question defendant aggressively, employ a hostile or accusatory tone, or badger defendant”

   1 later decision quote this exact passage · from the majority
   e.g. 361 Ill. Dec. 232 - In Re Marquita M.