Commonwealth v. Banks’s Empirical Analysis

Citation profile

45 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The Commonwealth argues that up to the moment Banks first admitted his participation in the crime, he was merely being questioned as `a witness' to a crime and it was unnecessary to advise him of his right to remain silent so long as this role continued. With this we cannot agree. The appellation given the individual questioned is not controlling. Otherwise the police could evade the procedural safeguards required by Escobedo, supra, and Miranda, supra, to protect one's privilege against self-incrimination during police questioning by interviewing everyone as `a witness.' If questioning is initiated and pursued during custodial interrogation, proper warning of constitutional rights is first required, Miranda v. State of Arizona, supra." 429 Pa. at 58 , 239 A.2d at 418-19 .”

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

2. “first established that the last statement or confession was not the exploitation of the original illegality and was obtained under circumstances sufficiently distinguishing to purge it of the original taint.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. McDade

3. “absent a required warning of constitutional rights.”

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