479 So. 2d 241 - State v. Calhoun’s Empirical Analysis
1985
Citation profile
20 state decisions
How this case has been cited
Cited by 21 later decisions — most recently October 2018
20 state decisions
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 · Katz v. United States · Edwards v. Arizona · United States v. Chadwick · Lewy v. Weinberger
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This defendant ... had expressly invoked his Fifth Amendment right to remain silent and his Sixth Amendment right to counsel. Instead of providing the defendant with an attorney, the Sheriffs agents took it upon themselves to send the defendant’s brother, McCall Calhoun, into the interview room. In doing so, it was reasonably predictable and foreseeable that the two brothers would freely converse with each other about their respective cases, reasonably believing that their conversation was private. The law anticipates and recognizes that close relatives will aid one another in a time of strife and need, even if illegal.... In effect, McCall Calhoun became the unwitting agent of law enforcement and through him the Sheriffs agents vicariously initiated and participated in an “interrogation” of the defendant who had just invoked his constitutional right to remain silent and to counsel. The Sheriffs agents were constructively present in the interview room via the concealed videotape camera. In doing so, the Sheriffs agents were able to accomplish indirectly what they could not legally accomplish directly.”
1 later decision quote this exact passage“[Ajfter the first conversation the defendant specifically exercised his right to remain silent and his right to counsel. Not only were these rights totally ignored by the police but the officers circumvented them by bringing the brother back into the room and then taping the conversation which is the subject of the motion to suppress. To rule that under these circumstances the defendant’s statements to his brother are admissible is to make a mockery of the Miranda rights.”
1 later decision quote this exact passagee.g. Cox v. State“The facts of this case reveal that the defendant had a clear expectation of privacy because such an expectation was deliberately fostered by the police officers.”
1 later decision quote this exact passagee.g. Springle v. State
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.