People v. Cleburn’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the time, place and purpose of the encounter; the persons present during the interrogation; the words spoken by the officer to the defendant; the officer's tone of voice and general demeanor; the length and mood of the interrogation; whether any limitation of movement or other form of restraint was placed on the defendant during the interrogation; the officer's response to any questions asked by the defendant; whether directions were given to the defendant during the interrogation; and the defendant's verbal or nonverbal response to such directions.”

   2 later decisions quote this exact passage · from the majority
   e.g. People v. Trujillo · People v. LaFrankie

2. “[t]he test for whether a person is in police custody is “whether a reasonable person in the suspect’s position would consider himself deprived of his freedom of action in any significant way.” ... Application of the “reasonable person” test requires an objective assessment of whether a reasonable person in the defendant’s circumstances would have believed that he was free to leave the officer’s presence....”

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

3. “a reasonable person in the suspect's position would consider himself deprived of his freedom of action in a significant way during a police interrogation in which the suspect was exposed to the risk of self-incrimination.”

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