Commonwealth v. Brown’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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[O]nce a person gives consent to take a [field sobriety] test, [her] physical actions in performing the test are not testimonial and may be the subject of testimony at trial.”

   2 later decisions quote this exact passage
   e.g. 92 Mass. App. Ct. 1114 - Commonwealth v. Belenkova · Commonwealth v. St. Pierre

2. “[t]ests of physical coordination, such as walking a straight line, raising one leg for a specified number of seconds, and touching one's nose with one's index finger, are not testimonial because they do not 'reveal[ ] the subject's knowledge or thoughts concerning some fact.' Commonwealth v. Brennan , 386 Mass. 772 , 778 (1982). The responses of a person impaired by alcohol to such tests are incriminating 'not because the tests [reveal the] defendant's thoughts, but because [the defendant's] body's responses [differ] from those of a sober person.' People v. Hager , 69 N.Y.2d 141 , 142 (1987).”

   1 later decision quote this exact passage
   e.g. 92 Mass. App. Ct. 1122 - Commonwealth v. Haskell

3. “evidence of the refusal to perform field sobriety tests when directed or requested by the police to do so violates the privilege against self-incrimination safeguarded by art. 12”

   1 later decision quote this exact passage
   e.g. Commonwealth v. St. Pierre