State v. Linck’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Without reweighing the evidence or the credibility of the witnesses, and viewing the evidence in the light most favorable to the trial court’s ruling, we find that the trial court properly concluded that the officer’s questions amounted to interrogation. At the suppression hearing, Officer Hudson testified that, before he asked Linck the first question of “what the problem was,” he had already advised Linck that he had received a complaint of illegal drug activity, that he believed that the illegal activity had been occurring and that he had smelled burning marijuana. Officer Hudson further testified that he asked this question specifically “in reference to the illegal drug activity or odor.” Record at 69-70. Under these circumstances, Officer Hudson should have known that his question was reasonably likely to elicit an incriminating response. Therefore, the question amounted to interrogation. We similarly conclude that the remaining two questions, regarding the possible existence of additional amounts of marijuana, also constituted interrogation. When Officer Hudson asked Linck if “there was anything left or if there was any more,” Linck had just admitted smoking a joint. Further, immediately before Officer Hudson asked Linck “if that was all,” Linck had just retrieved the first bag of marijuana, containing 28.2 grams of marijuana from the refrigerator. Record at 70, 71. These questions clearly were likely to elicit an incriminating response in regard to the presence and loc”

   2 later decisions quote this exact passage
   e.g. Sellmer v. State · Peel v. State

2. “[Wle agree with the trial court that a reasonable person would not have felt free to leave. Thus, Linck was in custody for purposes of Miranda after he admitted smoking the marijuana. At that point, the officers were required, but failed, to advise Linck of his Miranda warnings before they questioned him further. Therefore, any statements made by Linck after he admitted smoking the marijuana, should have been suppressed.”

   2 later decisions quote this exact passage
   e.g. Sellmer v. State · 936 So. 2d 1111 - State v. Pitts

3. “Interrogation includes both express questioning and words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect”

   2 later decisions quote this exact passage
   e.g. Green v. State · Furnish v. State