Carter v. Garrison’s Empirical Analysis

Citation profile

3 federal appellate · 11 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]t is difficult to discern how a waiver of these rights could be knowing, intelligent and voluntary where the suspect is totally unaware of the offense upon which the questioning is based. A valid waiver of constitutional rights does not occur in a vacuum. [A] waiver of the right to counsel and right to remain silent occurs in response to a particular set of facts involving a particular offense. The Miranda warnings are given not solely to make the suspect aware of the privilege, but also of the consequences of foregoing the privilege.”

   1 later decision quote this exact passage · from the majority
   e.g. People v. Spring

2. “police have no duty, as part of the Miranda warnings, to inform a suspect of the crime which they are investigating”

   1 later decision quote this exact passage · from the majority
   e.g. 42 Cal. 3d 595 - People v. Houston