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← 407 F.2d 1391 - Lowe v. United States

Lowe v. United States’s Empirical Analysis

407 F.2d 1391 · 1969

Citation profile

135
cited by 135 later decisions
2
cited 2 times by the Supreme Court
22
states following
November 2001
most recently cited

75 federal appellate · 3 district · 49 state decisions

How this case has been cited

Cited by 135 later decisions (2 by the Supreme Court) — most recently November 2001 · most notably Berkemer v. McCarty (1984), Oregon v. Mathiason (1977)

75 federal appellate · 3 district · 49 state decisions — followed in 22 states

91019691970198019902000decided

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 · Terry v. Ohio · Escobedo v. Illinois · Hoffa v. United States · O’Callahan v. Parker, Warden

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

  1. ““The questioning of a driver of a stopped car on an open highway by one policeman, without more, cannot be characterized as a ‘police dominated’ situation or as ‘incommunicado’ in nature. * * * When a law enforcement officer stops a car and asks the driver for identification, a vehicle registration slip, and upon receiving unsatisfactory answers further asks the driver’s destination and business, no ‘in-custody’ interrogation, as discussed in Miranda, takes place.””
    5 later decisions quote this exact passage · from the majority
  2. “[The Miranda ] decision is not intended to hamper the traditional function of police officers in investigating crime.... Such investigation may include inquiry of persons not under restraint. General on-the-scene questioning as to facts surrounding a crime or other general questioning of citizens in the fact-finding process is not affected by our holding.... In such situations the compelling atmosphere inherent in the process of in-custody interrogation is not necessarily present.”
    3 later decisions quote this exact passage · from the majority
  3. “It follows that the time when the officer’s intent to arrest is formed has no bearing on the question of whether or not there exists “in-custody” questioning. Whether a person is in custody should not be determined by what the officer or the person being questioned thinks; there should be an objective standard. Although the officer may have an intent to make an arrest, either formed prior to, or during the questioning, this is not a factor in determining whether there is present “in-custody” questioning. Id. at 1397 .”
    2 later decisions quote this exact passage · from the majority

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.