State v. Naglee’s Empirical Analysis

Citation profile

3 federal appellate · 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The defendants in their brief have made a point which we have not previously discussed. They con tend that a public official may not be subjected to a penalty (here the loss of employment) because of the exercise of a legal right (here the constitutional right to refuse to answer questions on the ground that the answers would be self-incriminatory). But there are situations where a public official’s right to retain his position may properly depend upon a willingness to forego a constitutional right to the extent that the exercise of such a right may be inconsistent with the performance of the duties of his position. For example, a member of the judiciary of this State cannot engage in partisan political activity. The question is not whether the State can require an employee to forego the exercise of the constitutional right. Of course it cannot. The question is whether the State’s requirement that a given employee forego a given constitutional right as a condition of continued employment is reasonable. We need not now determine whether it would be reasonable for the State, under other circumstances, to dismiss employees holding other public positions because they refuse to answer questions on the ground of self-incrimination. See Ratner, supra, at pp. 504-511. We think it reasonable, however, for the State, in a proper proceeding, to dismiss a police officer for refusal to answer questions pertaining to his official position in an investigation such as the one conducted here”

   1 later decision quote this exact passage · from the majority
   e.g. United States Ex Rel. Laino v. Warden of Wallkill Prison

2. ““The record lacks all of the elements of coercive tactics which were present in prior cases holding confessions to be involuntary. Here there is no physical coercion, no overbearing tactics of psychological persuasion, no lengthy incommunicado detention, or efforts to humiliate or ridicule the defendants. The overt circumstances show that the interrogation was conducted with a high degree of civility and restraint. We are convinced that the State sustained its burden of proving that the degree of coercion exerted upon the defendants could not have been sufficient to overbear their wills.””

   1 later decision quote this exact passage · from the majority
   e.g. United States Ex Rel. Laino v. Warden of Wallkill Prison

3. ““Therefore, an appellate court must examine the entire record to determine not merely whether coercive pressures were present, but whether under the totality of the circumstances they were of an offensive nature and were sufficient in degree to rendered the declarant incapable of freely exercising his will.” Id. at 694.”

   1 later decision quote this exact passage · from the majority
   e.g. United States Ex Rel. Laino v. Warden of Wallkill Prison