McCarty v. Herdman’s Empirical Analysis

Citation profile

8 federal appellate · 4 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Miranda warnings must be given to all individuals prior to custodial interrogation, whether the offense investigated be a felony or a misdemeanor traffic offense.”

   2 later decisions quote this exact passage · from the majority
   e.g. Berkemer v. McCarty · United States v. Knox

2. “[T]he prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of [a] defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure a continuous opportunity to exercise it, the following measures are required. Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.”

   1 later decision quote this exact passage · from the majority
   e.g. Berkemer v. McCarty

3. “[t]he failure to advise [respondent] of his constitutional rights rendered at least some of his statements inadmissible,”

   1 later decision quote this exact passage · from the majority
   e.g. Berkemer v. McCarty