Commonwealth v. Fredericq’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]t is the Commonwealth's burden to establish that the evidence it has obtained and intends to use is sufficiently attenuated from the underlying illegality so as to be purged from its taint.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Commonwealth v. Tavares · 95 Mass. App. Ct. 618 - Commonwealth v. Fencher

2. “"[w]hen consent to search is obtained through exploitation of a prior illegality, particularly very close in time following the prior illegality, the consent has not been regarded as freely given. Evidence gathered in a search allowed by such a compromised consent has been thought to be tainted and inadmissible."”

   1 later decision quote this exact passage · from the concurrence
   e.g. 95 Mass. App. Ct. 618 - Commonwealth v. Fencher

3. “entitled to suppress the fruits of that seizure even where the evidence was discovered in places where it is indisputable that the person in question did not have a reasonable expectation of privacy.”

   1 later decision quote this exact passage · from the majority
   e.g. Commonwealth v. Tavares